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Home / Insurance / Florida Supreme Court issues consumer opinion and insures insurance companies are immune to foreseeable and consequential damages when breach of contract | Legal insurance blog about property insurance

Florida Supreme Court issues consumer opinion and insures insurance companies are immune to foreseeable and consequential damages when breach of contract | Legal insurance blog about property insurance



Florida insurance companies can cause foreseeable damage to their policyholders and not be held liable, according to a recent Florida Supreme Court ruling. 1

The Court's holdings stated:

[E] extracontractual, consequential damages are not available in the event of a first party breach of an insurance contract as the contractual amount to the insured is the amount due under the express terms of the insurance. Injuries outside the contract are contained in a separate incredible measure under section 624,155 but cannot be recovered in this measure against nationals as nationals are legally immune from allegations of first party infidelity. See § 627.351
(6) (s) 1., Fla. Stat. (2019); see also Citizens Prop. Ins. Corp. v. Perdido Sun Condo. Ass & # 39; n 164 So. 3d 663, 664, 668 (Fla. 2015).

The ruling makes the Civil Remedy Act much more important for insurers' misconduct. The ruling calls on insurance adjusters to delay and deny claims without impunity. It certainly does not follow the law's concern to hold bad actors who break the contracts responsible for the foreseeable results of their actions. 19659009] 1 Citizens Prop. Ins. Corp. v. Manor House No. SC19-1394, – So. 3d – (Fla. 21 January 2021).


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