What are the elements of a breach of contract claim in an insurance litigation case?

A breach of contract claim in an insurance litigation case in Florida typically requires that the insured show four elements. First, that a valid contract existed between the insured and the insurance company. Second, that the insured complied with the terms of the contract and fulfilled their end of the agreement. Third, that the insurance company breached the contract either by failing to pay on a valid claim or paying an insufficient amount. Fourth, that the insured suffered damages as a result of the breach. In order to prove the breach, the insured will need to present evidence that they did not receive payment on a valid claim or that they received an insufficient amount. Evidence could include a copy of the policy, receipts or invoices from the service provider, and other documents. The insured will also need to demonstrate that they suffered damages as a result of the breach. This could include lost time, wasted resources, or medical expenses incurred. If all four elements can be proven, the court may issue an award for the damages sustained. This award can include the payment on the valid claim or for the difference between the amount paid and the amount owed. Depending on the gravity of the breach, the court may also award punitive damages.

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What are the elements of a breach of contract claim in an insurance litigation case?

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