Question
I'm a Florida resident. I'm currently receiving LTD from 2 policies(non-ERISA). I'm considering moving to Tennessee. If I'm denied benefits in the future due to bad faith , where would the case be litigated? Also, are there any differences in how the 2 states handle bad faith insurance cases?
Thanks
Answer
Dear ecc5,
The case would be litigated in your state of residence. As far as I know bioth states allow for bad faith damages; however, in Florida you will need to first file a special notice and demand form through the Florida Dept. of Insurance. This allows the Insurance company 60 days to satisfy your demands or be subject to bad faith claims.