Florida Federal Court: First Party Bad Faith Without Statute.

    A Federal Judge in Florida has held that, although Florida State Courts have never allowed a cause of action for alleged First-Party Bad Faith except under Florida's Bad Faith Statute, an alleged Breach of the Implied Covenant of Good Faith and Fair Dealing was authorized by Florida Common Law:  Download Tropical Paradise Resorts, LLC v. Clarendon Am. Ins. Co. (S.D. Fla. Aug. 20, 2008).  This ruling governed the case in the Southern District of Florida until very recently.

    The Online Docket of this case reveals that, following this ruling, the case was settled and the complaint was dismissed with prejudice by stipulation.

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