In Download King Cole Condominium Ass'n v. QBE Insurance Corp. (S.D. Fla. Opinion Filed December 2, 2009), a First-Party Coverage Action in Federal Court, it was held that evidence of the First-Party Insurance Company's claim handling practices could be admissible under the following ruling on Defendant's Motion in Limine to Preclude all such Evidence:
Defendant seeks to preclude evidence of its claims handling practices. To the extent Defendant's claims handling practices relate to the pending breach of contract claim, the motion in limine is denied. However, Plaintiff is precluded from presenting evidence of or referring to Defendant's claims handling practices to the extent such evidence relates to a claim for breach of the implied warranty of good faith and fair dealing and not insurance coverage. Accordingly, Defendant's motion is granted in part and denied in part.
Download King Cole Condominium Ass'n v. QBE Insurance Corp. (S.D. Fla. Opinion Filed December 2, 2009), attached Official Slipsheet Opinion at 4.
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