Practice Area
When your insurance company fails to honor its obligations, Florida law gives you powerful remedies. Swope, Rodante P.A. has recovered hundreds of millions from insurers who acted in bad faith.
Why Choose Swope, Rodante
Overview
Insurance bad faith occurs when an insurance company breaches its duty of good faith and fair dealing owed to its policyholder — or, in certain circumstances, to a third party claimant. Insurance companies collect premiums and make promises. When they refuse to honor those promises without a reasonable basis, Florida law provides a separate, powerful cause of action beyond the underlying claim.
Florida recognizes bad faith under two primary statutory frameworks. Section 624.155, Florida Statutes creates a civil remedy against any insurer — first-party or third-party — that fails to attempt in good faith to settle claims when the insurer could and should have done so under the circumstances. Section 627.727, Florida Statutes governs uninsured/underinsured motorist (UM/UIM) coverage and imposes specific duties on an insured's own UM carrier. Together, these statutes create some of the strongest policyholder protections in the country.
Florida courts recognize two distinct categories of bad faith:
First-party bad faith involves your own insurer — the company to which you pay premiums — failing to honor your policy. Common examples include your UM/UIM carrier refusing to pay after a crash with an uninsured driver, your homeowners insurer denying a legitimate property damage claim, or your own insurer unreasonably delaying or underpaying benefits owed under your policy. Under Florida's first-party bad faith statute, you must give the insurer a Civil Remedy Notice (CRN) and a 60-day opportunity to cure before filing suit.
Third-party bad faith arises when the at-fault party's insurer fails to act in good faith toward a claimant seeking compensation. The classic scenario: an insurer refuses to tender its insured's policy limits when the evidence clearly shows liability and the claimant's damages exceed those limits, exposing the insured to an excess judgment. Under Florida common law and §624.155, once a bad faith verdict is entered, the insurer can be held liable for the entire judgment against its insured — not just the policy limits.
Legal Framework
Florida imposes a duty of good faith and fair dealing on every insurance company operating in the state. This duty requires insurers to give the same consideration to the interests of their policyholders and claimants as they give to their own interests. When an insurer subordinates your interests to its own financial bottom line, it violates that duty.
Before filing a bad faith lawsuit under §624.155 against a first-party insurer in Florida, you must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services and serve a copy on the insurer. The CRN must specifically identify the insurer, the policy, the insured or beneficiary, the statutory provision the insurer violated, and the specific facts giving rise to the alleged bad faith.
Once the CRN is filed, the insurer has 60 days to "cure" the violation by paying the full amount owed or by otherwise remedying the specific conduct identified. If the insurer cures, no bad faith suit may proceed. If the insurer fails to cure within 60 days, you may then file a bad faith action.
This procedural step is critically important. Errors in the CRN — failing to identify the specific statutory provision, omitting required facts, or premature filing — can be fatal to the bad faith claim. Experienced bad faith counsel is essential from the very start of the process.
Florida courts have articulated the duty of good faith to include a wide range of obligations. An insurer must, at minimum:
Case Types
Insurance companies engage in bad faith in many ways — some subtle, some blatant. Swope, Rodante P.A. has handled virtually every variety of insurer misconduct. Here are the most common forms we pursue:
The insurer refuses to offer its insured's full policy limits despite clear liability and damages that exceed those limits, exposing the insured to a judgment in excess of coverage.
The insurer denies a valid claim without a reasonable basis — often by misrepresenting policy provisions, ignoring evidence, or applying inapplicable exclusions.
The insurer offers a fraction of a claim's true value with no reasonable basis, forcing the policyholder into protracted litigation to recover what they are owed.
The insurer rushes to a denial or inadequate offer without conducting a reasonable investigation, ignoring medical records, expert opinions, or witness statements.
The insurer stalls — demanding unnecessary documentation, repeatedly reassigning adjusters, or simply not responding — to pressure the policyholder into accepting a low offer.
The insurer fails to inform its insured about settlement demands that, if accepted, would have protected the insured from personal liability beyond policy limits.
The insurer misrepresents the scope of the policy, the applicable limits, or the claims process to reduce or eliminate a legitimate payout.
The insured's own UM/UIM carrier — which is contractually obligated to step into the shoes of the uninsured at-fault driver — refuses to pay a reasonable amount, triggering first-party bad faith under §627.727.
After a hurricane, fire, water damage, or other covered loss, the insurer underpays, delays, or denies the claim in violation of its contractual and statutory obligations.
After a jury returns a verdict against the insurer's insured that exceeds the policy limits — because the insurer failed to settle within limits when it had the opportunity — the insurer is liable for the full judgment.
Our Approach
Bad faith litigation is among the most complex and high-stakes areas of insurance law. It requires deep knowledge of Florida insurance statutes, claims handling regulations, and insurer internal practices. Our attorneys have spent decades mastering this area — and insurers know it.
A bad faith claim in Florida generally requires first establishing the underlying personal injury, wrongful death, or property claim. We build the strongest possible underlying case — because the strength of that case determines the insurer's exposure and its obligation to settle.
We obtain the insurer's complete claim file through discovery — every note, email, reserve entry, and internal communication — and analyze it against Florida's claims handling regulations and industry standards. Adjusters are deposed. Supervisors are deposed. Internal directives are subpoenaed.
For first-party claims, we draft and file a precise CRN that clearly identifies every statutory violation and gives the insurer the specific notice required by law. The CRN sets the stage for the bad faith suit if the insurer fails to cure.
We work with former insurance executives, claims supervisors, and industry consultants who can testify to what a reasonable insurer would have done — and why the defendant's conduct fell far below that standard.
As board-certified civil trial attorneys, we are prepared to take bad faith cases to verdict. Insurers know Swope, Rodante P.A. does not back down — and that reputation changes the dynamics of settlement negotiations significantly.
Bad Faith & Personal Injury: The Connection
In Florida, bad faith claims most frequently arise from serious personal injury and wrongful death cases. Here is how they intersect:
Compensation
One of the most powerful aspects of Florida's bad faith law is the range of damages available — often far exceeding the original policy limits. When an insurer acts in bad faith, the financial consequences can be severe.
The starting point — the full amount owed under the policy, which the insurer wrongfully refused to pay.
Damages beyond the policy limits, including the full amount of any excess judgment entered against the insured, consequential losses flowing from the insurer's bad faith conduct.
Under Florida's bad faith statute, a successful claimant is entitled to recover attorney's fees from the insurer — a significant and meaningful remedy.
Financial losses caused by the insurer's bad faith conduct beyond the original claim value — such as lost business income, additional medical expenses incurred because treatment was delayed, or credit damage.
In appropriate cases, damages for the mental anguish and emotional distress caused by the insurer's bad faith conduct are recoverable.
Prejudgment interest on amounts wrongfully withheld, often running from the date the claim should have been paid — which can add substantially to the recovery.
Our Track Record
Swope, Rodante P.A. has been holding insurance companies accountable in Florida for over 45 years. Insurance bad faith litigation is not a sideline for our firm — it is central to who we are. We have taken bad faith cases to verdict, to the Florida Supreme Court, and won.
Our attorneys are board-certified civil trial lawyers with deep expertise in insurance law. We understand how insurers evaluate claims, how they set reserves, and how their internal incentive structures can drive bad faith conduct. That knowledge — combined with our willingness to try cases to verdict — makes us uniquely effective advocates for policyholders.
View our resultsNotable Result
$30.1 Million
Verdict Against GEICO
In the landmark Willoughby v. GEICO case, Swope, Rodante P.A. secured a $30.1 million jury verdict after GEICO — our client's own UM insurer — offered just $147,000 on a catastrophic traumatic brain injury claim. The case proceeded to the Florida Supreme Court, where our firm prevailed on critical bad faith legal issues, establishing precedent that protects policyholders throughout Florida.
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and circumstances.
Common Questions
A Civil Remedy Notice (CRN) is a formal written notice required by Florida law (§624.155) before you can sue a first-party insurer for bad faith. You must file the CRN with the Florida Department of Financial Services and serve a copy on the insurer, identifying the specific statutory violation and the underlying facts. The insurer then has 60 days to "cure" — meaning pay what is owed or fix the problem. If they do not cure, you can proceed with the bad faith lawsuit. Getting the CRN right is critical: errors in the notice can bar your claim entirely. Always work with experienced bad faith counsel before filing a CRN.
Bad faith cases in Florida are often bifurcated, meaning the underlying claim (the personal injury or property damage case) is typically tried first, before the bad faith action proceeds. The entire process — from CRN filing through bad faith verdict — can take anywhere from two to five or more years, depending on the complexity of the case, the insurer's litigation posture, and court scheduling. However, many bad faith cases settle before trial once the insurer's liability is established. Swope, Rodante P.A. is prepared to litigate as long as necessary to achieve justice for our clients.
Yes. Bad faith does not require a complete denial. If your insurer unreasonably underpaid your claim — offering far less than the evidence supports — that conduct can constitute bad faith under Florida law. If you received a settlement for your claim but believe you were significantly underpaid, speak with an experienced bad faith attorney about your options. In some circumstances, even accepting a settlement may not preclude a bad faith claim if the settlement was the product of the insurer's bad faith conduct.
Yes. Florida's bad faith statute applies to all lines of insurance, including homeowners, auto, life, disability, and commercial policies. Homeowners insurance bad faith is particularly common after major storms — when insurers deny, delay, or underpay claims for hurricane, wind, flood, or fire damage. The CRN process applies to homeowners bad faith claims as well. If your homeowners insurer has treated your claim unfairly, contact Swope, Rodante P.A. to discuss your rights under Florida law.
Under Florida's third-party bad faith doctrine, you can pursue the at-fault driver's insurer for bad faith if it unreasonably refused to tender its insured's policy limits when it had the opportunity to do so — exposing the insured to an excess judgment. However, third-party bad faith claims under Florida common law and §624.155 require specific procedural steps, and the insured's cooperation is often needed. If you believe an at-fault insurer mishandled your claim, contact our firm to evaluate whether a bad faith claim is viable.
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