In Florida, a determination of first-party coverage has been held to be a precondition to an action under Florida's Bad Faith Statute. In Barton v. Capitol Preferred Ins. Co., 208 So.3d 239 (Fla. 5th DCA 2016), it was held in effect that a determination is a determination.
In that case, the determination was made when the carrier settled a sinkhole insurance coverage claim for less than policy limits.
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