Tallahassee Homeowner Prevails In Bad-Faith Suit Against Insurer

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USA Herald — On the morning of August 15th, 2021, Tallahassee resident James Thompson woke up to find that a severe storm had caused significant damage to his home. The roof had been partially torn off, and water had flooded the upstairs bedrooms and caused extensive damage to the walls, floors, and furniture.

Mr. Thompson, who had been a policyholder with State Farm Insurance for the past decade, immediately contacted the company to file a claim for the damages. He was confident that his policy, which included coverage for storms and water damage, would cover the repairs.

However, Mr. Thompson was shocked when his claim was denied by State Farm. The company cited a provision in his policy that excluded coverage for damages caused by “acts of God,” arguing that the storm qualified as such.

Mr. Thompson, who had always paid his premiums on time and had never filed a claim before, felt unfairly treated by the denial. He consulted with a property damage attorney, who advised him to file a lawsuit against the insurer for bad faith.

According to Florida law, insurance companies are required to act in good faith when handling policyholder claims. This means that they must thoroughly investigate the circumstances of a claim, communicate transparently with the policyholder, and make a fair determination on whether to pay the claim.

Mr. Thompson’s attorney argued that State Farm had acted in bad faith by denying his claim without a thorough investigation and by using a questionable interpretation of the policy’s exclusion clause. In addition, the attorney pointed out that the storm was not necessarily an “act of God,” as it could have been the result of natural causes such as high winds and heavy rain.

After several months of legal proceedings, a Tallahassee court ruled in favor of Mr. Thompson, stating that the insurer had indeed acted in bad faith by denying his claim without adequate justification. The court ordered the company to pay Mr. Thompson the full amount of his damages, as well as legal fees and additional damages for the bad faith.

The ruling was a victory for Mr. Thompson, who was relieved to finally have the funds to repair his home. “I’m just grateful that the court recognized that my insurance company treated me unfairly,” he said in a statement. “I hope this ruling sends a message to other companies to do right by their policyholders.”

The case has also drawn attention to the issue of bad faith insurance practices, with some calling for stricter regulations to protect policyholders from such actions. It remains to be seen what changes, if any, will be made as a result of this case, but for now, Mr. Thompson can finally move forward with rebuilding his home.