Florida High Court Answers 'No' To Certified Questions In Hurricane Wilma Dispute

TALLAHASSEE, Fla. - Answering five certified questions from the 11th Circuit U.S. Court of Appeals, the Florida Supreme Court on May 31 determined that, under Florida law, first-party claims are actually statutory bad faith claims that must be brought under Florida Statutes Section 624.155, and an insured cannot bring a claim against its insurer for failure to comply with the language and type-size requirements established by Florida Statutes Section 627.701(4)(a) (QBE Insurance Corporation, v. Chalfonte Condominium Apartment Association Inc., No. SC09-441, Fla. Sup.; 2012 Fla. LEXIS 1063).

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