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January 09, 2020

PAYMENT OF APPRAISAL AWARD NO DEFENSE TO BAD FAITH CLAIM.

WIND 1Damages under the Florida Bad Faith Statute have been held to be separate and distinct from damages settled in Mediation after an Appraisal.  The holding came in a case with some unique features which may blur the broad outlines of this message, but upon closer review this message becomes clear:  Paying an appraisal award is not a defense to liability for alleged bad faith conduct.

  See Almeria Park Condo. Ass'n v. Empire Indem. Ins. Co., No. 19-21834-CIV-ALTONAGA/Goodman, 2019 WL 7344827, at *4 (S.D. Fla. Oct. 23, 2019):

As the underlying Breach of Contract action is distinct from this bad faith action, Defendant’s payment of the appraisal award does not preclude liability for the alleged bad faith conduct, and Defendant is not entitled to summary judgment on this issue.

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Posted by on January 09, 2020 at 05:19 AM in Appraisal, Damages, Mediation, Property Insurance, Statutory Bad Faith |

Tags: #Appraisal, #AppraisalAward, #BreachOfContract, #Florida, #Mediation, #PayingAppraisalAward, #PropertyInsurance, #S.D.Fla., #SouthernDistrictFlorida, #StatutoryBadFaith

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