Homeowners Allowed to Sue State Farm for Bad Faith in Settling Their Hurricane Property Damage Claim

According to an article on The National Trial Lawyers website, a Florida appeals court has permitted a bad faith claim against State Farm involving property damage from a hurricane to proceed.  A bad faith claim is essentially a claim by an insured against his own insurance company that his insurance company did not treat his interests equal to their own.

In this case, Joseph and Judy Cammarata sustained damage to their home from Hurricane Wilma in Florida in October 2005.  They filed a property damage claim under their homeowner’s policy approximately two years later.  State Farm denied their claim because they claimed the home appraisal was lower than the deductible.  The Cammaratas disagreed. Approximately four years later they filed a bad faith claim against State Farm for failing to settle the claim in good faith.  The Florida Court of appeals ruled that their claim could proceed even though the Cammaratas had not yet proved a breach of contract.  The opinion can be found here.

If you have been treated unfairly by your insurance company and have a bad faith claim, or if you have been injured in a car accident, you should contact a personal injury attorney.  Contact the Law Office of Ben Crittenden at 907-771-9002 for a free consultation.  You can also visit our personal injury page, car accident page, and our Blog for more information.

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