Florida Supreme Court: Florida Does Not Recognize Common Law First Party Bad Faith
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Florida Supreme Court: Florida Does Not Recognize Common Law First Party Bad Faith

The Florida Supreme Court explained that first party bad faith claims do not exist under Florida common law.  In 1982, the Florida Legislature enacted the Bad Faith Statute, which created a first-party bad faith civil remedy against an insurer.  However, the Court explained that this statute created first-party bad faith remedies and was not simply a codification of the common law.  In fact, the Court makes clear that first party claims are only to be brought under the provisions of the statute, and do not exist at common law in Florida.

QBE Insurance Corporation v. Chalfonte Condominium Apartment Association, No. SC09-441 (Fla. May 31, 2012).
 
QBE Insurance v. Chalfonte Condo Association.pdf