What is an extracontractual claim?
An extracontractual claim is a legal term used to describe a claim made against an insurance company that goes beyond the coverage outlined in the insurance policy. These claims often involve allegations that an insurance company acted in bad faith, failed to act in a timely manner, or misled a policyholder. Under Florida law, a policyholder may pursue an extracontractual claim against their insurance company if they believe they have been treated unfairly or their claim was wrongfully denied. When a policyholder makes an extracontractual claim, they are seeking damages from the insurance company for the losses they incurred as a result of the insurance company’s negligence. The damages sought can be for economic losses, such as lost wages, or for non-economic losses, such as emotional distress or pain and suffering. If the claim is successful, the policyholder is entitled to receive an award of damages.
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