"Under Florida law, a [Third Party] bad-faith action against an insurer is based on statute and common law." Download Maldonado v. First Liberty Insurance Corp. (11th Cir. Opinion Filed August 17, 2009). With respect to Third Party Bad Faith in Settlement Claims, such as was at issue in Maldonado itself, this is a correct statement of Florida Law.
"Both the bad-faith statute [Fla. Stat. ยง 624.155] and common-law precedents establish that, as a prerequisite to bringing this suit, the Estate [of the Decedent, the Claimant] would have to show that the excess judgment against the Clinches [the Insureds] was caused by First Liberty's [the Liability Insurer's] bad faith." Download Maldonado v. First Liberty Insurance Corp. (11th Cir. Opinion Filed August 17, 2009).
Since causation could not be shown in the Maldonado case, the Eleventh Circuit Court of Appeals affirmed a Summary Judgment in favor of the Defendant Liability Insurance Company in that case.
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