I recently wrote about the Supreme Court of Florida’s opinion in Chalfonte Condominium Apartment Association v. QBE Insurance Corp.
, holding that Florida does not recognize a common law bad faith claim with respect to first party insurance claims, thereby answering in the negative a question certified by the Eleventh Circuit Court of Appeals. As a result of that decision, the Eleventh Circuit has reversed the federal district court order denying QBE’s motion for new trial on the $7 million-plus verdict. It remanded the case with instructions to the district court to bifurcate the contract claim from the bad faith claim.
Kimberly Sands is a shareholder mediator at the firm of Upchurch, Watson, White and Max.