Insurance is more than just a contract—it is a promise to provide financial and legal protection when you need it most. Unfortunately, insurers do not always honor their obligations, leaving policyholders to bear the burden of lawsuits, denied claims, or bad faith practices. When this happens, policyholders often feel abandoned and overwhelmed, but you don’t have to face it alone. Our Florida failure to defend or settle lawyers are here to help.
At Gonzalez & Cartwright, P.A., we specialize in insurance litigation, protecting policyholders from insurance companies that fail to fulfill their contractual duties. Whether your insurer has refused to defend you, denied a legitimate claim, or failed to settle, our attorneys are dedicated to fighting for your rights and ensuring you receive the justice you deserve.
Our Expertise in Insurance Litigation
Our attorneys bring deep expertise in all aspects of insurance disputes, ensuring comprehensive legal support.
Failure to Defend
An insurer’s failure to defend its policyholder is a breach of one of the most fundamental promises made in an insurance contract. This failure leaves the policyholder vulnerable to lawsuits and legal expenses, often with devastating consequences. We hold insurers accountable for abandoning their policyholders during litigation.
Failure to Settle
When an insurer refuses to settle a valid claim within policy limits, it exposes the policyholder to financial risks that could otherwise have been avoided. Our team works to ensure that insurers fulfill their obligations and prevent undue hardship for policyholders.
Bad Faith Insurance Practices
Bad faith occurs when an insurer acts dishonestly or unreasonably in handling claims. This includes delaying or denying legitimate claims, underpaying settlements, or providing misleading information about policy coverage. We fight to expose these unethical practices and secure compensation for our clients.
Third-Party Claims
Insurers are required to defend and indemnify policyholders in third-party lawsuits. When they fail to do so, the policyholder can face significant financial and legal exposure. We specialize in resolving these complex disputes to protect our clients’ rights.
Breach of Contract
An insurance policy is a binding contract, and failure to honor its terms is a breach. Our attorneys ensure that policyholders receive the full benefits they are entitled to under their policies, including coverage for lawsuits, medical expenses, and damages.
Unreasonable Denial of Defense
Some insurers exploit vague policy language to deny defense, leaving policyholders to fend for themselves in court. We challenge these unreasonable denials and ensure insurers meet their contractual obligations.
Failure to Defend: A Breach of Duty
An insurer’s duty to defend is critical to protecting policyholders when they face lawsuits related to covered claims. This duty requires the insurer to provide legal representation for the policyholder, paying for attorneys and other associated legal costs.
Improper Claim Denials
Insurers may wrongfully claim that the underlying lawsuit is not covered under the policy’s terms, even when the claim potentially falls within coverage.
Delayed Action
Insurers sometimes fail to respond to policyholders’ requests for defense in a timely manner, jeopardizing their ability to mount an effective defense.
Selective Defense
Insurers may provide limited defense for some claims while refusing to address others, forcing policyholders to manage partial lawsuits on their own.
Overuse of Exclusions
Some insurers rely on broad interpretations of exclusions to avoid defending policyholders, even when exclusions do not apply.
Consequences of Failure to Defend
- Financial Impact: Policyholders must pay out-of-pocket for their own defense, which can be prohibitively expensive.
- Legal Exposure: Without a competent defense, policyholders face a higher risk of losing lawsuits or facing judgments beyond their ability to pay.
- Emotional Toll: Facing legal battles alone causes unnecessary stress and anxiety.
- Breach of Trust: Insurers’ failure to defend erodes the trust policyholders place in their insurance contracts.
At Gonzalez & Cartwright, P.A., we will seek compensation for damages caused by your insurer’s failure to defend, including reimbursement of legal fees and compensation for emotional distress.
Failure to Settle: Insurers’ Obligation to Protect Policyholders
When insurers fail to settle claims within policy limits, they expose policyholders to unnecessary financial risks. Insurers are required to act in good faith when deciding whether to settle, weighing the potential outcomes of litigation against the benefits of settlement.
Common Reasons for Failure to Settle
- Payout Avoidance: Insurers may gamble on a favorable trial outcome to avoid paying a settlement, even when the risk of an adverse judgment is high.
- Negligent Claims Handling: Insurers may fail to properly investigate or evaluate the claim, leading to unreasonable refusals to settle.
- Profit Prioritization: Insurers often prioritize their bottom line, disregarding the policyholder’s financial well-being.
- Underestimating Risk: Some insurers fail to accurately assess the likelihood of an unfavorable verdict, putting policyholders at risk of excess judgments.
Consequences of Failure to Settle
- Excess Judgments: If a lawsuit results in a verdict exceeding policy limits, the policyholder may be personally responsible for the remaining amount.
- Prolonged Litigation: Refusal to settle often results in extended legal battles, causing financial strain and emotional stress.
- Reputational Damage: Ongoing litigation can damage a policyholder’s personal or business reputation.
- Breach of Duty Claims: Policyholders can sue insurers for bad faith when they unreasonably refuse to settle, seeking compensation for damages caused by their conduct.
Our Florida failure to defend or settle lawyers aggressively pursue remedies for policyholders, ensuring that insurers fulfill their duty to settle claims fairly and reasonably.
Recognizing Bad Faith Insurance Practices
Bad faith occurs when an insurer acts dishonestly, unfairly, or unreasonably in handling claims. These practices undermine the insurer-policyholder relationship and violate the principle of good faith that underpins all insurance contracts.
- Unjustified Denials: Refusing to pay valid claims without a legitimate reason.
- Delaying Claims: Dragging out the claims process to frustrate policyholders or reduce settlement offers.
- Lowball Offers: Providing settlements that are significantly lower than the claim’s true value.
- Failure to Investigate: Ignoring key evidence or failing to conduct thorough investigations.
- Misrepresentation: Providing false or misleading information about policy terms to deny claims.
How We Fight Bad Faith
- Thorough Case Analysis: We investigate the claim and gather evidence of bad faith practices.
- Legal Advocacy: Our Florida failure to defend or settle lawyers hold insurers accountable through litigation, seeking damages for financial and emotional harm.
- Maximized Compensation: We work to secure the full value of your claim, including punitive damages in cases of egregious misconduct.
Your Legal Options in Insurance Disputes
When insurers breach their duties, Gonzalez & Cartwright, P.A. helps policyholders pursue powerful remedies:
- Breach of Contract Claims: Enforce your rights under the insurance policy and seek the benefits you are entitled to.
- Bad Faith Lawsuits: Demand compensation for financial losses, emotional distress, and punitive damages when insurers act in bad faith.
- Excess Verdict Recovery: If an insurer’s failure to settle results in an excess judgment, we fight to recover the difference.
- Declaratory Judgments: Obtain a court ruling affirming the insurer’s obligations, such as their duty to defend or settle.
- Regulatory Complaints: File formal complaints with state insurance regulators to address misconduct and systemic issues.
Why Choose Gonzalez & Cartwright, P.A.?
Policyholders trust Gonzalez & Cartwright, P.A. because we deliver:
Decades of Experience
Our attorneys have a proven track record in handling insurance disputes and securing favorable outcomes for clients.
Client-Centered Representation
We prioritize your needs and provide compassionate support every step of the way.
Aggressive Advocacy
We fight tirelessly to ensure insurers fulfill their obligations and policyholders receive fair treatment.
Bilingual Services
With support in both English and Spanish, we make legal representation accessible to all members of our community.
Frequently Asked Questions (FAQ)
What does it mean if my insurer has a “duty to defend”?
The “duty to defend” means your insurer is legally obligated to provide you with a defense if you are sued for something that falls under your insurance policy’s coverage. This includes covering the costs of legal representation and related expenses. If your insurer refuses to defend you in such a situation, it could be in breach of its contractual obligations, and you may be entitled to compensation.
What should I do if my insurer refuses to defend me?
If your insurer denies your request for defense, you should first review your policy to confirm whether the claim in question is potentially covered. Gather documentation, including records of all communications with your insurer, such as denial letters or emails. Contact an attorney who specializes in insurance litigation to evaluate your options and potentially pursue a breach of contract or bad faith claim against the insurer.
Can I sue my insurer for failing to settle a claim?
Yes, if your insurer unreasonably refuses to settle a valid claim within policy limits, you can sue for bad faith. This is particularly relevant if their refusal results in an “excess verdict,” where the judgment against you exceeds your policy limits, leaving you personally responsible for the difference.
What is bad faith insurance, and how can I prove it?
Bad faith occurs when an insurer acts unfairly or unreasonably in handling your claim, such as denying a valid claim without justification, delaying payment or responses unnecessarily, or offering a settlement that is far below the claim’s actual value. To prove bad faith, you need evidence of these actions, such as correspondence showing unreasonable delays or denials, inadequate settlement offers, or a failure to investigate your claim properly.
How long does it take to resolve an insurance dispute?
The timeline for resolving an insurance dispute can vary based on the complexity of the case, the insurer’s willingness to negotiate, and whether litigation is required. Simple disputes may be resolved within a few months, while more complex cases that involve court proceedings could take a year or more. Our attorneys work diligently to expedite the process while ensuring the best possible outcome for our clients.
Contact Gonzalez & Cartwright, P.A. Today
If your insurer has refused to defend you, failed to settle a valid claim, or engaged in bad faith practices, Gonzalez & Cartwright, P.A.’s ‘s Florida failure to defend or settle lawyers are here to help. We provide the skilled legal representation you need to hold insurers accountable and secure the compensation you deserve.
Contact Gonzalez & Cartwright, P.A. today to schedule a free consultation.