The question of bad faith depends on the circumstances and so answering the question will involve a lot of theories of bad faith:
We pause here to emphasize that the ultimate question in a bad faith cause of action is whether the insurer breached the duty owed to the insured to make decisions in good faith with proper care and concern given to the interests of the insured.[1]
[1] Markuson v. State Farm Mut. Auto. Ins. Co., ___ So. 3d ___, No. 2D21-2443, 2024 WL 817545, at *3 (Fla. 2d DCA Feb. 28, 2024).
The questions in bad faith cases are explored in the Two Volumes of Dennis J. Wall's Book, LITIGATION AND PREVENTION OF INSURER BAD FAITH (West Publishing Co. 3d Edition, 2024 Supplements in process). This blog article ©2024 Dennis J. Wall. All rights reserved. Please read the disclaimer.
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