Category Archives: bad faith

Insurer’s Claim File Not Discoverable in Insurance Coverage Dispute

In an insurance coverage dispute, an insurer’s claim file is not discoverable.  Typically, this is protected as work product and/or not relevant to the issues underlying coverage.  And this is true — the claims file is NOT relevant to the … Continue reading

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Injured Parties Must Comply with Florida’s Nonjoinder Statute

When it comes to filing a claim against another’s liability insurer, injured parties sometimes try to improperly put the proverbial cart before the horse.   You CANNOT sue another’s liability insurer (a policy you are not insured under) until you … Continue reading

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Presentation on BAD FAITH when Dealing with Property Insurance Claims

Recently, I participated in a webinar relating to bad faith insurance claims when dealing with a first-party property insurance carrier.  A portion of the powerpoint presentation I put on can be seen here.  Please visit the link and review the … Continue reading

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Perfecting a Statutory Bad Faith Claim

If you are having insurance coverage issues or concerns, do yourself a favor and consult with counsel.  Make sure your rights are perfected.   A recent Florida appellate case reiterates the requirements to perfect a statutory insurance bad faith claim: … Continue reading

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Civil Remedy Notice – First Step to Preserving Bad Faith Claim

The first prerequisite to any statutory bad faith claim in Florida is filling out and submitting the Civil Remedy Notice per Florida Statute s. 624.155.  Any first party bad faith claim has to be a statutory claim so filling out … Continue reading

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Bad Faith Claim regarding Insurer Failing to Settle Claims in Good Faith

One form of insurance bad faith is when an insured claims its insurer failed to settle claims in good faith.   As I discussed in prior articles, a bad faith claim against an insurer does not accrue until there is a … Continue reading

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Prior to Filing a Bad Faith Action against a First-Party Insurance Carrier…

Prior to filing a bad faith action against a first party property insurance carrier (e.g., property insurance policy such as a homeowners policy) you need to fie a Civil Remedy Notice in accordance with Florida Statute s. 624.155. In the … Continue reading

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Note on Bad Faith Insurance Claims

The recent opinion in Braddy v. Infinity Assurance Ins. Co., 2016 WL 1446202 (M.D.Fla. 2016) discusses two important concepts when it comes to bad faith insurance claims. First, the determination of insurance coverage MUST be decided before a party can … Continue reading

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Whether a Liability Insurer Engaged in “Bad-Faith” is Typically a Question of Fact

The question or issue of whether an insurer engaged in “bad-faith” is typically a question of fact for the jury based on the totality of the circumstances. Moore v. Geico Ins. Co., 2016 WL 736824 (11th Cir. 2016) (reversing summary … Continue reading

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