How long does an insured have to wait before suing his or her insurance company for failing to handle a claim in good faith?
An insurance company can act with complete impunity towards its insured, but cannot be sued for bad faith until after it has been given formal notice of an intent to sue and 60 days to cure the problem. See Talat Enters., Inc. v. Aetna Cas. & Sur. Co
., 753 So. 2d 1278 (Fla. 2000). The 60 day warning is never issued at the very outset of a claim. It typically comes months and even years after the event giving rise to the insurance claim occurs. The practical effect of this is that most insureds give up on or accept less than full value on their legitimate claims.