Thomas M. Contois and Rebecca S. Liu – September 21, 2012 In Trafalgar at Greenacres, Ltd. v. Zurich American Insurance Company, No. 4D11-1376, 2012 WL 3822215, *1 (Fla. Dist. Ct. App. Sept. 5, 2012), the Florida Fourth District Court of Appeal, applying Florida law, overturned the trial court’s summary judgment order and held that an… Continue reading Florida State Appellate Court Rules that an Appraisal Award Constitutes a “Favorable Resolution” for Purposes of Bringing a Bad Faith Claim
Tag: Appraisal
Florida 4th DCA Rules Bad Faith Action Can Proceed After Appraisal
Corey Harris – September 7, 2012 For many years, some insurers have argued that Florida policyholders cannot bring statutory “bad faith” actions if the parties participate in the appraisal process. In essence, these insurers argued that there must be a finding of a breach of contract in an underlying action for an extra contractual action… Continue reading Florida 4th DCA Rules Bad Faith Action Can Proceed After Appraisal