Insured Can’t Try Bad Faith Claims with Insurance Coverage (Breach of Policy) Case

In Florida, an insured cannot try its breach of insurance contract case (the coverage dispute) with its bad faith claim or dispute. See Universal Property & Casualty Co. v. Naze, 50 Fla.L.Weekly D1208a (Fla. 4th DCA 2025). It’s putting the cart before the horse. In Naze, bad faith claims against the insurer were not claimed, but at trial, the insured used opening argument, closing argument, and testimony to go into the insurer’s “bad faith” claims handling process. The insurer objected and moved for a mistrial, which was denied. The appellate court reversed and remanded the case for a new trial finding the claims...

06 March

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Insurance Coverage Disputes where the Focus is the Policy Language

Posted by David Adelstein

in Standard of Review

Insurance coverage disputes are fairly common between an insured and his/her/its insurer. These are important disputes to an insured, particularly when they have been damaged and their insurer refuses to defend them from a third-party claim or otherwise denies coverage. An insured never wants to be in this position—understandably so. On the other hand, an insurance policy is not designed to cover every single risk under the sun as there are exclusions identified in policies for risks or perils that are not covered. This ultimately means an insured needs to have an appreciation of those risks or perils not covered...