Saturday, January 2, 2010

Oral Argument and Briefs In Citizens v. Garfinkel - Citizens Is Immune From Bad Faith Claims

Previously I had a post titled "Citizens Property Insurance Corporation Is Immune From Bad Faith Claims."  The post related to the decision by the Fifth District in Citizens Property Insurance Corporation v. Garfinkel, - So. 3d, -No. 5D09-1641, 2009 WL 4874789 (Fla. 5th DCA Dec. 18, 2009) in which the court held:
that Citizens is immune from first-party bad faith claims pursuant to section 627.351(6)(r)1. Likewise, we hold that Citizens is not subject to bad faith liability under section 624.155(1)(b)(1), as that statute is not applicable to it. Finally, we quash the discovery order dated April 15, 2009, and remand for further proceedings not inconsistent with this opinion. Prohibition, of course, applies only to the count seeking bad faith liability.
Below are the various briefs filed in the case:

Reply in Support of Petition.

Video of the oral argument, which took place on October 6, 2009, is below:

Petitioner's Argument

Respondent's Argument

Petitioner's Rebuttal


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