Insurance Claims And Issues: ADVANCED NATIONAL FORUM ON BAD FAITH LITIGATION: ...

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November 30, 2011

ADVANCED NATIONAL FORUM ON BAD FAITH LITIGATION: ...

... AND IN THIS POST: FLORIDA SINKHOLE CLAIMS.

Florida Statute Sections 627.707, 627.7072, 627.7073, and 627.7074 prescribe much of the presentation and handling of Sinkhole Claims. It has just been held that Sinkhole Claim Handling under a Homeowner's Policy strictly as these Florida Statutes prescribe, does not confer immunity or a complete defense to a Breach of Contract Claim. Cook v. First Liberty Insurance Corp., 2011 WL 5834743 * 2 (M.D. Fla. November 21, 2011), Download Cook v. First Liberty Insurance Corp. (M.D. Fla. Case No. 8.10CV02634, Order on Defendant's Motion For Summary Judgment Filed Nov. 21, 2011) PUBLIC ACCESS.

The reasoning of this decision is equally supportive of a similar ruling on an Insurer Bad Faith Claim, i.e., that following these Florida Sinkhole Statutes' prescriptions neither confers immunity nor is a complete defense.

On the day of this post, Wednesday, November 30, 2011, we will begin the American Conference Institute's 2011 Advanced National Forum on Bad Faith Litigation. I will be presenting on two panels. I look forward to seeing you too in Orlando!

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Posted by Dennis Wall on November 30, 2011 at 04:50 AM in Homeowners Insurance | Permalink

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Insurance Claims And Issues