Subscribe to this blog's feed

Categories

Archives

About

Blog powered by Typepad

Google

  • Google
    Google

    WWW
    insuranceclaimsbadfaith.typepad.com

Disclaimer

  • REMINDER: THE CONTENTS OF THIS BLOG DO NOT MAKE AN ATTORNEY-CLIENT OR OTHER PROFESSIONAL RELATIONSHIP. ALWAYS CONSULT THE CASES AND LAWS OF EACH PARTICULAR JURISDICTION AND AN ATTORNEY IN AND FAMILIAR WITH THE PARTICULAR JURISDICTION AND ITS LAWS, WHENEVER YOU TRY TO ADDRESS OR RESOLVE ANY LEGAL QUESTION.
    The information provided on this site is informational, only. We cannot represent, guarantee or warrant that the information contained in this site is appropriate for the usage of any particular reader. We are independent of cross links and do not warrant their accuracy or applicability. We are located in Florida and comply with all ethical rules of the Florida Bar. Some States may require the wording "This is an advertisement" or other words or information of this nature. Reading email or Comments, or replying to email or Comments, or accepting telephone calls or returning telephone calls shall not be considered legal advice. We require that all agreements for professional services be in writing and signed by Mr. Wall, the Firm and the client, whether for Legal Services, Consulting Services, or Expert Witness.

« Disclose Those CDSs, Now! | Main | Chinese Drywall Insurance Claims: General Principles Without Cases. »

April 13, 2010

Premature Bad Faith Litigation Dismissed Without Prejudice, "Ripening" Possible.

   Under Florida law, Bad Faith litigation is clearly premature and subject to dismissal when two things have not yet happened:  (1) Coverage has been determined and (2) The Insured's Loss, i.e., Damages, have been determined too.   When time remains for premature issues to ripen into issues subject to review, it has been held that dismissal in such a case should ordinarily be without prejudice.  Denis v. Commerce Insurance Co., Download Denis v. Commerce Insurance Co. (S.D. Fla. Case No. 09.21198 Opinion Filed Feb. 3, 2010), also published as 2010 WL 374769 *1-*2 (S.D. Fla. February 3, 2010)(Hoeveler, Senior District Judge)(Westlaw subscription required to access Westlaw).

Please Read The Disclaimer.

Posted by on April 13, 2010 at 08:09 AM in Bad Faith, Defenses in Insurer Bad Faith Actions, First Party Bad Faith, Statutory Bad Faith |

Comments

The comments to this entry are closed.