News & Analysis as of

Hurricane Wilma

Carlton Fields

Florida Federal Court Limits First Party Bad Faith Claims

Carlton Fields on

First party bad faith actions in Florida must be pursued under §624.155 Florida Statutes because Florida does not recognize common law first party claims. The statute provides that an insured may bring a civil action against...more

Cozen O'Connor

Late Notice Held to Bar a $6,000,000 Hurricane Wilma Claim in Florida

Cozen O'Connor on

In The Yacht Club on the Intracoastal Condo. Ass’n. v. Lexington Ins. Co., – Fed.Appx. –, 2015 WL 106862, 2015 U.S. App. LEXIS 293 (11h Cir., Jan. 8, 2015), a unanimous panel of the Eleventh Circuit recently held that a...more

Proskauer Rose LLP

Insurer’s Liability for Breach of Contract Is Not a Condition Precedent to Insured’s Bad Faith Claim

Proskauer Rose LLP on

A Florida appeals court recently held in Cammarata v. State Farm Florida Insurance Co. that an insured is not required to show that its insurer breached the insurance policy before it can bring a claim for bad faith. Although...more

Robinson & Cole LLP

Florida’s 3rd DCA Continues to Reverse Trial Court Statute of Limitations Rulings

Robinson & Cole LLP on

In Linares v. Universal Property and Cas. Ins. Co., 2014 Fla. App. LEXIS 10168, (Fla. 3rd DCA, July 2, 2014), the Court reversed the trial court’s summary judgment ruling in favor of the insurer (“Universal”), which...more

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