Fla. Federal Judge: Breach, Fiduciary Duty Claims Subsumed By Bad Faith Claim

WEST PALM BEACH, Fla. - In light of the Florida Supreme Court's recent ruling in QBE Insurance Corp. v. Chalfonte Condominium Apartment Association Inc. (94 So. 3d 541 $(Fla. 2012$)), a Florida federal judge on Dec. 7 held that an insured's counterclaims for breach of contract and breach of fiduciary duty against her insured were subsumed by an accompanying bad faith claim, granting the insurer's motion to dismiss those counterclaims (Government Employees Insurance Co. v. Janet Prushansky, No. 9:12-cv-80556, S.D. Fla.; 2012 U.S. Dist. LEXIS 173715).Full story on lexis.com