FIRST PARTY INSURANCE DISPUTES
Professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.
A first party insurance claim arises when there is a dispute between an insurance company and its customer. Usually, the duties and obligations of the insurance company are spelled out in the insurance contract or policy that exists between the company and its customer or policy holder. When the insurance company fails to fulfill its obligations under the policy or contract, a “first party” claim may arise. Often, these claims arise from auto insurance policies, health insurance policies, homeowner’s insurance policies, disability policies, windstorm insurance policies or even life insurance policies when the insurance company fails to pay benefits due and owing under the policy. Additionally, Florida law allows the insurance customer in certain circumstances to make a claim for “bad faith” against their insurance company when the insurance company fails or refuses to pay benefits that the company could have and should have paid.