A Florida appellate court on Wednesday refused to dismiss a COVID-19 related lawsuit brought by a commercial landlord against a Berkshire Hathaway Inc. entity and Lloyd & # 39 ;s.
After its tenants were forced to limit their operations due to government-mandated closures, New York-based Infinity Biscayne Myrtle Members LLC sued Berkshire Hathaway National Fire & Marine Insurance Co. and Lloyd & # 39; s, and sought to recover lost revenue under their risk insurance, according to the decision of the Third District Court of Appeals in Miami National Fire & Marine Insurance Co., et al. vs. Infinity Biscayne Myrtle Members, LLC.
The trial charged with prejudicial breach of contract, breach of contract, breach of good faith and fair trade and unbelief.
Insurers moved to dismiss litigation on the grounds that the expected number of infringements was not a substantial requirement under Florida law and the remaining claims were premature as coverage issues had not yet been resolved. The trial court rejected the proposal and was confirmed by a panel of three judges.
The panel said that breaches of good faith and fairness "recite the National Fire and Lloyd's failure to act in good faith to adjust Infinity's loss, specifically claiming that they" unreasonably withheld a formal cover-up decision in bad faith. " "
This" only seems to be a cover-up for bad faith, and in the absence of a coverage provision, too early, "the decision said. [1
Berkshire Hathwayway's lawyer did not respond to a request for comment.