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Should an insured person bring an action against bad faith in the same way as a breach of the contract? | Real Estate Insurance Coverage Blog



In an earlier post, I discussed whether an insured person can file a civil remedies notice before coverage and liability was established, and discussed Florida's three claims for bringing a claim for misconduct. 1 In this post, I will return to a fundamental issue that the United States Court of Appeals for the Eleventh Circuit certified at the Florida Supreme Court years ago. In accordance with section 624.155 (1) (b) (1), can an insurance claim be incurred before the underlying litigation is concluded? 2 Florida Supreme Court answered in the negative. 3 [19659002] According to the Florida Statute § 624.155 (1) (b) (1), any individual may bring civil action against an insurance company when such a person is injured as a result of an insurance's first offense against nausea. 4 In Blanchard v. State Farm the insured won a judgment in Florida State Court against their insurance company for breach of contract. 5 Later, they brought an action in bad faith in federal court. 6

The insurance company claimed that the requirement of bad faith according to section 624,1

55 must be asserted in the original infringement and that the insured had "divided his case of documents" by not including the allegation of bad faith in the "original suit. 7 The Florida Supreme Court did not agree and found the following:

[A] n insured underlying first party action for insurance benefits against the insurer must necessarily be resolved favorably for the insured before the action of bad faith in settlement negotiations can occur. It follows that an insured's claim against an uninsured motorist for not having settled the claim in good faith does not lapse before the underlying trial for contractual insurance benefits ends. In the absence of a finding that there is a tortfeasor's liability and the extent of the appellant's damages, an action cannot be brought for failure of good faith. 8

The Court held that a breach -Agreement and auxiliary contractual measures should not both be brought at the same time and can only take place when an underlying breach of the contract is first terminated.
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1 https: //www.propertyinsurancecoveragelaw .com / 2020/03 / articles / bad-faith / can-you-file-a-civil-remedy-message-before-coverage-and -responsibility-is-established /
2 Blanchard v. State Farm Mut. Car. Ins. Co. 575 So. 2d 1289, 1290 (Fla. 1991). This case concerns an uninsured motorist claim, but courts have applied Blanchard in the Court of First Instance. See Vanguard Fire & Cas. Co. v. Golmon 955 So. 2d 591, 593 (Fla. 1st DCA 2006).
3 Id.
4 As mentioned in my previous article, an insured must first file a civil notice, it must be an assessment of liability, and it must be a determination of the extent of the insured's loss. See West v. Travelers Ins. Co. 753 So.2d 1270, 1273 (Fla. 2000).
5 Blanchard 575 So. 2d at 1291.
6 Id.
7 Id.
8 Blanchard 575 So. 2d 1291 (emphasis added).


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