In Cook v. Fla. Peninsula Ins. Co., 373 So. 3d 958 (Fla. 5th DCA 2023), the Court was confronted with a "general business practice" dilemma. Proof of a general business practice is required in order to assess punitive damages under Florida law; proof of a GBP is also a central tenet of Florida Insurer Bad Faith Law under Florida's Bad Faith Statute, Section 624.155.
The Court resolved the issue of the proof required in order to prove a general business practice in the context of a claim for punitive damages, with these words:
There is no magic number for other evidence required to show frequency of a general business practice in order to assert a claim for punitive damages—at a minimum it is the plaintiff’s own claim and at least one more. What is required is “a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat. (2022); Fla. R. Civ. P. 1.190(1)(f).
Cook, 373 So. 3d at 962.
There is every reason to consult this language when the issue arises in future cases of Insurer Bad Faith under Florida's Bad Faith Statute.
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