Procedural vehicles for dismissal of both Third-Party and First-Party Bad Faith claims and causes of action may be available as a defense in some cases. See Dennis J. Wall, "Litigation and Prevention of Insurer Bad Faith" §§ 5:57 & 11:24 (Third Edition West Publishing Company 2011, 2012 Supplement). Writs may also be a vehicle for attacking the legal validity of First-Party Bad Faith claims and causes of action, while seeking review of an Appellate Court on another matter.
Certiorari jurisdiction was exercised in General Star Indemnity Co. v. Atlantic Hospitality of Fla., LLC, 2012 WL 3023162 (Fla. 3d DCA July 25, 2012), Download General Star Indemnity Co. v. Atlantic Hospitality of Fla., LLC (Fla. 3d DCA No. 3D11.3199, Opinion Filed July 25, 2012) STATED NONFINAL; PUBLIC ACCESS, over a petition arising from a discovery request. In that case, the appellate court took certiorari jurisdiction; the petitioner requested review of "a supplemental request for production propounded by Atlantic," the Plaintiff-Policyholder which sued for First-Party Bad Faith claim handling under a "commercial property insurance policy".
The Appellate Court not only took jurisdiction on certiorari review of the Trial Court's Order "overruling [the Insurance Company's] objections to discovery of materials concerning its business practices and policies," but the Appellate Court also quashed the discovery Order on the ground that as a matter of law the complaint failed to state a cause of action for Bad Faith in that case. See General Star Indemnity Co. v. Atlantic Hospitality of Fla., LLC, 2012 WL 3023162 *2 (Fla. 3d DCA July 25, 2012).
Even more directly, a Writ of Prohibition was successfully requested in Liberty Insurance Corp. v. Milne, 2012 WL 3101718 *1-*2 (Fla. 4th DCA August 1, 2012), Download Liberty Insurance Corp. v. Milne (Fla. 4th DCA No. 4D12.926, Opinion Filed August 1, 2012) STATED NOT FINAL; PUBLIC ACCESS, to prohibit a Trial Court as a matter of law from exercising further jurisdiction over a Policyholder's Third-Party Bad Faith cause of action. The Policyholder alleged the Bad Faith cause of action in a third-party complaint. The Policyholder alleged Liberty's "bad faith failure to settle by failing to timely tender its policy limits" in that same case. Liberty requested the Appellate Court to issue a Writ of Prohibition against the Trial Court exercising jurisdiction over the third-party complaint in that case, "and to quash the trial court's order denying its motion to dismiss the third-party complaint." As noted, Liberty's Writ of Prohibition was successful on both counts in that case.
Writs may be a means of acquiring appellate review of Trial Court Orders declining to dismiss Bad Faith claims and causes of action, well before an appeal from a final Judgment. Policyholders and Insurance Companies, and their Counsel, should be prepared.
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