Thursday, March 5, 2009

Untimely Bad Faith Claim

An action for bad faith cannot be brought prior to the conclusion of the underlying first party insurance claim. In North Pointe Ins. Co. v. Tomas, 999 So.2d 728 (Fla. 3d DC 2008), the Third DCA held "[w]e grant the petition for writ of certiorari and quash the order below on grounds that the action for breach of contract, which remains pending below for a determination of damages relating to the allegations of North Pointe's breach of the insurance contract, renders premature the cause of action for bad faith."


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