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...

19 June

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Note on Discovery in Litigation

Posted by David Adelstein

in Discovery, Evidence

Here is a quick note on discovery in litigation (e.g., document requests, depositions, interrogatories). An objective of discovery is to discover information that is reasonably calculated to lead to the discovery of admissible evidence. In other words, just because the discovery appears irrelevant does not necessarily mean that pursuing such discovery will not reasonably lead to the discovery of admissible evidence. By taking a more liberal approach to the discovery process, hopefully, some of the unfortunate gamesmanship that occurs during discovery is eliminated or reduced. In particular, parties should not be able to unilaterally dictate what they believe is relevant to...

07 June

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Introducing Character Evidence of Prior Bad Acts in a Civil Case

Posted by David Adelstein

in Evidence

"Relevant evidence is evidence tending to prove or disprove a material fact." Fla.Stat. s. 90.401. I have previously discussed that evidence needs to be relevant for it to be admissible but that not all relevant evidence is admissible (e.g., if the probative value of that evidence is outweighed by unfair prejudice, etc., then the relevant evidence is not admissible). When is evidence of a person's character ever relevant (such as the character of a plaintiff or defendant) to prove or disprove a material fact in a civil case? Generally speaking, it is not relevant and, even if it was relevant, the...

28 February

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Photographic / Video Evidence Needs to be Relevant and Outweigh any Unfair Prejudice to the Opposing Party

Posted by David Adelstein

in Evidence

During trial, a party may move to admit photographic evidence. The opposing party, however, may object based on either the relevancy of the evidence or, if relevant, that the probative value of the evidence is outweighed by the unfair prejudice to that party if the evidence is admitted. “The test for admissibility of photographic evidence is relevancy rather than necessity.” Pope. V. State, 679 So.2d 710, 713 (Fla. 1996) (photographs in murder trial were relevant to establish manner in which murder was committed and condition of crime scene). This same test applies to video evidence. See Zelaznik v. Isensee, 2014 WL 2596140...