In the case of Tanaka v. GEICO General Ins. Co., 2013 WL 3323242 (M.D. Fla. July 1, 2013)(Presnell, J.), a case frequently posted in this space, the injured-claimant and Bad-Faith Plaintiff requested the Court "to reinstate a claim for breach of fiduciary duty against the Defendant, GEICO General Insurance Company ("GEICO"), which was dismissed in January 2012." Tanaka v. GEICO General Ins. Co., 2013 WL 3323242 *1 (M.D. Fla. July 1, 2013).
The Court refused to reinstate the breach of fiduciary duty claim in that case. The Plaintiff already alleged a bad faith claim. The breach of fiduciary duty claim would be redundant under the circumstances, and the Plaintiff's request to reinstate that claim was denied:
Thus, to the extent that Florida law recognizes the existence of a fiduciary relationship between insured and insurer, Florida law has provided a cause of action—the bad faith claim, which Tanaka has already asserted. Allowing Tanaka to also assert a claim for breach of fiduciary duty would be redundant. Accordingly, Count III will not be reinstated.
Tanaka v. GEICO General Ins. Co., 2013 WL 3323242 *2 (M.D. Fla. July 1, 2013).
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