"Fla. Insurance Case Could Set Precedent for Hurricane Claims"

Jordana Mishory had an article in the Daily Business Review titled "Fla. Insurance Case Could Set Precedent for Hurricane Claims."  The article relates to a case heard by the Florida Supreme Court last week, Chalfonte Condominium Apartment Assoc., Inc. v. QBE Insurance Corp.  The oral argument took place on Thursday and can be viewed at THIS link and an unofficial transcript can be viewed at THIS link.  The case was previously discussed when it was certified to the Florida Supreme Court by the Eleventh Circuit and that post can be viewed HERE.  The questions certified are below:

(1) Does Florida law recognize a claim for breach of the implied warranty of good faith and fair dealing by an insured against its insurer based on the insurer’s failure to investigate and assess the insured’s claim within a reasonable period of time?

(2) If Florida law recognizes a claim for breach of the implied warranty of good faith and fair dealing based on an insurer’s failure to investigate and assess its insured’s claim within a reasonable period of time, is the good faith and fair dealing claim subject to the same bifurcation requirement applicable to a bad faith claim under Fla. Stat. § 624.155?

(3) May an insured bring a claim against an insurer for failure to comply with the language and type-size requirements established by Fla. Stat. § 627.701(4)(a)?

(4) Does an insurer’s failure to comply with the language and type-size requirements established by Fla. Stat. § 627.701(4)(a) render a noncompliant hurricane deductible provision in an insurance policy void and unenforceable?

(5) Does language in an insurance policy mandating payment of benefits upon “entry of a final judgment” require an insurer to pay its insured upon entry of judgment at the trial level?

The briefs and opinions from the various courts are below:

Florida Supreme Court

*QBE's Intitial Brief
*Chalfonte's Answer Brief
*QBE's Reply Brief
*Amicus Brief of Florida Justice Association
*Amicus Brief of United Policyholders
*Amicus Brief of Florida Defense Lawyers Association

Eleventh Circuit
 
*Chalfonte's Initial Brief
*QBE's Answer Brief
*Chalfonte's Reply Brief
*QBE's Notice of Filing Supplemental Authority
*Eleventh Circuit Opinion
 
District Court
 
*Chalfonte v. QBE, 526 F. Supp. 2d 1251 (S.D. Fla. 2007)
*Order Granting in Part and Denying in Part Motion for Attorneys Fees (2-29-2008)
*Order Denying Chalfonte's Motion to Enforce Final Judgment (1-23-2008)
*Order Denying QBE's Motion for JNOV (12-18-2007)
*Order Denying QBE's Motion for New Trial (10-9-2007)
*Order on QBE's Motion for Summary Judgment, Case 9:06-cv-81046-DMM, 2007 WL 2225972 (S.D. Fla. Aug. 1, 2007) (Also HERE)
*Order on QBE's Motion to Dismiss Re Count IV (5-18-2007)
*Chalftonte's Amended Complaint (3-8-2007)