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Last month, I discussed the difference between insurance agents and insurance brokers, and how the actions of insurance agents, (and during limited circumstances, those of insurance brokers), can bind an insurance carrier. Here, I will discuss two different causes of action that may be brought against an insurance broker or an insurance agent: breach of fiduciary duty and negligence.…
Continue Reading Breach of a Fiduciary Duty and Negligence by an Insurance Agent or Broker: What is the Difference?

Picture this. You have retained counsel to assist in enforcing your claim under your insurance policy. After a favorable appraisal, and payment of that award by the insurer, you receive a notice of nonrenewal stating that the insurer is electing not to renew the policy as “the risk no longer complies with underwriting guidelines.”…
Continue Reading Policyholders’ Potential Bad Faith Claim for a Retaliatory Nonrenewal

In May of 2019, a decision made by a panel of Florida’s Fifth District Court of Appeals sparked an important debate that could have consequences for policyholders and their insurers throughout the state of Florida. The Florida Supreme Court will soon end that debate, and its decision could impact how attorneys choose to approach advocating for policyholders when delays in payment directly result in lost income for insureds.…
Continue Reading Consequential and Foreseeable Damages: Recovery of Lost Rent Directly Attributable to the Insurer’s Breach of Contract

The Florida Supreme Court will hear arguments about whether foreseeable consequential damages are recoverable when an insurer breaches its contract on Tuesday.1 Law360 is a great publication to keep abreast of the newest legal issues involving insurance and this is how it described the upcoming case:1…
Continue Reading Are Foreseeable Consequential Damages for Breach of a Property Insurance Contract Recoverable?

In a previous post, I discussed whether an insured can file a Civil Remedy Notice before coverage and liability are established and discussed Florida’s three requirements for bringing a bad-faith claim.1 In this post, I will go back to a fundamental question the United States Court of Appeals for the Eleventh Circuit certified to the Florida Supreme Court years ago. Under section 624.155(1)(b)(1), can an insured’s bad-faith claim accrue before the conclusion of the underlying litigation?2 The Florida Supreme Court answered in the negative.3…
Continue Reading Should an insured bring an action for bad-faith at the same time as the breach-of-contract action?

Have you ever asked somebody if they can see “the handwriting on the wall?”1 You do not need to be a legal eagle to anticipate the probable outcome of this blog’s title question while reading the lower Florida appellate court’s ruling2 and how it phrased the certified question to the Florida Supreme Court:…
Continue Reading Can the Public Adjuster on a Contingent Fee Act As the Appraiser?