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17 Florida opinions name it 2 courts 1979–2026 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wollard v. Lloyd's & Companies of Lloyd'sgreen2 sentences2005See id. at 218 ("Requiring the plaintiff to continue litigation in spite of an unacceptable offer of settlement merely to avoid having to offset attorney's fees against compensation for the loss puts an unnecessary burden on the judicial system [and] fails to protect any interest — the insured's, the insurer's or the public's...."). 2004The trial court relied on Wollard v. Lloyd's & Companies of Lloyd's, 439 So.2d 217, 218 (Fla.1983), in which the insured sued the insurer on a first party claim, and the case was settled without the entry of a final judgment. | 2 | 3 |
Allstate Indem. Co. v. Ruizgreen2 sentences2012Ruiz, 899 So.2d at 1127 (“The Legislature has mandated that insurance companies act in good faith and deal fairly with insureds regardless of the nature of the claim presented, whether it be a first-party claim or one arising from a claim against an insured by a third party.”) (emphasis added); Id. at 1128 (“The Legislature has clearly chosen to impose on insurance companies a duty to use good faith and fair dealing in processing and litigating the claims of their own insureds as insurers have had in dealing with third-party claims.”) (emphasis added). 2012Ruiz, 899 So.2d at 1127 (“The Legislature has mandated that insurance companies act in good faith and deal fairly with insureds regardless of the nature of the claim presented, whether it be a first-party claim or one arising from a claim against an insured by a third party.”) (emphasis added); Id. at 1128 (“The Legislature has clearly chosen to impose on insurance companies a duty to use good faith and fair dealing in processing and litigating the claims of their own insureds as insurers have had in dealing with third-party claims.”) (emphasis added). | 2 | 2 |
Cunningham v. Standard Guar. Ins. Co.green1 sentence2026As Cunningham recognized, “the essence of a third-party bad-faith cause of action is to remedy a situation in which an insured is exposed to an excess judgment because of the insurer’s failure to properly or promptly defend the claim.” 630 So. 2d at 181 (emphasis added). | 1 | 1 |
MacOla v. Government Employees Ins. Co.green2 sentences2026Co., 953 So. 2d 451, 457 (Fla. 2006) (“[T]he difference between first-party and third-party bad faith causes of action is critical.”). “[A] third-party bad faith cause of action arises when the insurer fails to act in good faith in handling a claim brought by a third party against an insured, whereas a first-party bad faith cause of action arises when an insurer fails to act in good faith in the processing of the insured’s own first-party claim.” Id. 2026Co., 953 So. 2d 451, 457 (Fla. 2006) (“[T]he difference between first-party and third-party bad faith causes of action is critical.”). “[A] third-party bad faith cause of action arises when the insurer fails to act in good faith in handling a claim brought by a third party against an insured, whereas a first-party bad faith cause of action arises when an insurer fails to act in good faith in the processing of the insured’s own first-party claim.” Id. | 1 | 1 |
Vesta Fire Ins. Corp. v. Figueroagreen1 sentence2005Co., 541 So.2d 1168, 1169 (Fla.1989); see also Vesta Fire Ins. v. Figueroa, 821 So.2d 1233, 1236 (Fla. 5th DCA 2002) ("The Supreme Court of Florida in Kujawa held that in spite of the shift in focus of the `bad faith' statute, the creation of the statutory remedy for insurer misconduct in adjusting a first-party claim did not strip the insurer of its right to work product immunity."). | 1 | 1 |
Kujawa v. Manhattan Nat. Life Ins. Co.green2 sentences2005For example, in Manhattan National Life Insurance Co. v. Kujawa, 522 So.2d 1078 (Fla. 4th DCA 1988), approved, 541 So.2d 1168 (Fla.1989), an insured initiated a first-party bad faith action against an insurer for failure to settle a claim under a life insurance policy. 2005Co., 541 So.2d 1168, 1169 (Fla.1989); see also Vesta Fire Ins. v. Figueroa, 821 So.2d 1233, 1236 (Fla. 5th DCA 2002) ("The Supreme Court of Florida in Kujawa held that in spite of the shift in focus of the `bad faith' statute, the creation of the statutory remedy for insurer misconduct in adjusting a first-party claim did not strip the insurer of its right to work product immunity."). | 1 | 1 |
Levy v. Travelers Ins. Co.green1 sentence2001Co., 580 So.2d 190, 191 (Fla. 4th DCA 1991). | 1 | 1 |
Trinity Industries, Inc. v. Insurance Company of North Americagreen1 sentence1994See Trinity Indus., Inc. v. Insurance Co. of North America, 916 F.2d 267 (5th Cir.1990). | 1 | 1 |
Butchikas v. Travelers Indemnity Companygreen1 sentence1987See Butchikas v. Travelers Indemnity Co., 343 So.2d 816 (Fla. 1976); Allstate Insurance Co. v. Kelley, 481 So.2d 989 (Fla. 5th DCA 1986); Smith v. Standard Guaranty Insurance Co., 435 So.2d 848 (Fla. 2d DCA 1983) (and cases cited therein); Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
US Fire Ins. Co. v. Clearwater Oaks Bank
green
2 sentences1988But that holding has been adequately distinguished in Agri-Business, Inc. v. Bridges, supra , and United States *1080 Fire Insurance Company v. Clearwater Oaks Bank, supra , from the cases such as the one now before us where a first party claim is made, i.e., a claim between an insurer and its insured not involving a fiduciary relationship between them. 1986Our decision is controlled by United States Fire Ins. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982), which held that a plaintiff cannot compel disclosure of the carrier’s work product, its claim file, where the cause of action is a first party claim for coverage under the policy. | 3 | 1983–1988 |
Industrial Fire & Cas. Ins. Co. v. Romer
green
2 sentences1987See Butchikas v. Travelers Indemnity Co., 343 So.2d 816 (Fla. 1976); Allstate Insurance Co. v. Kelley, 481 So.2d 989 (Fla. 5th DCA 1986); Smith v. Standard Guaranty Insurance Co., 435 So.2d 848 (Fla. 2d DCA 1983) (and cases cited therein); Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983). 1983Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982); Travelers Insurance Co. v. Habelow, 405 So.2d 1361 (Fla. 5th DCA 1981); Shupack v. Allstate Insurance Co., 367 So.2d 1103 (Fla. 3d DCA 1979); Lumilite Industries, Inc. v. Southeast Life Insurance Co., 365 So.2d 1083 (Fla. 3d DCA 1979); Allstate Insurance Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976); Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975); Baxter v. Royal Indemnity Co., 285 So.2d | 3 | 1983–1987 |
Agri-Business, Inc. v. Bridges
green
2 sentences1988But that holding has been adequately distinguished in Agri-Business, Inc. v. Bridges, supra , and United States *1080 Fire Insurance Company v. Clearwater Oaks Bank, supra , from the cases such as the one now before us where a first party claim is made, i.e., a claim between an insurer and its insured not involving a fiduciary relationship between them. 1982Agri-Business v. Bridges, 397 So.2d 394 (Fla. 1st DCA 1981). | 2 | 1982–1988 |
Smith v. Standard Guar. Ins. Co.
green
2 sentences1987See Butchikas v. Travelers Indemnity Co., 343 So.2d 816 (Fla. 1976); Allstate Insurance Co. v. Kelley, 481 So.2d 989 (Fla. 5th DCA 1986); Smith v. Standard Guaranty Insurance Co., 435 So.2d 848 (Fla. 2d DCA 1983) (and cases cited therein); Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983). 1983Smith v. Standard Guaranty Insurance Co., 435 So.2d 848 (Fla. 2d DCA May 20, 1983); Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); Clearwater Oaks Bank; Gibbs; Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975), cert. denied, 327 So.2d 31 (Fla. 1976); Baxter v. Royal Indemnity Co., 285 So.2d 652 (Fla. 1st DCA 1973), cert. discharged, 317 So.2d 725 (Fla. 1975). | 2 | 1983–1987 |
Baxter v. Royal Indemnity Company
green
2 sentences1983Smith v. Standard Guaranty Insurance Co., 435 So.2d 848 (Fla. 2d DCA May 20, 1983); Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); Clearwater Oaks Bank; Gibbs; Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975), cert. denied, 327 So.2d 31 (Fla. 1976); Baxter v. Royal Indemnity Co., 285 So.2d 652 (Fla. 1st DCA 1973), cert. discharged, 317 So.2d 725 (Fla. 1975). 1983Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982); Travelers Insurance Co. v. Habelow, 405 So.2d 1361 (Fla. 5th DCA 1981); Shupack v. Allstate Insurance Co., 367 So.2d 1103 (Fla. 3d DCA 1979); Lumilite Industries, Inc. v. Southeast Life Insurance Co., 365 So.2d 1083 (Fla. 3d DCA 1979); Allstate Insurance Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976); Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975); Baxter v. Royal Indemnity Co., 285 So.2d | 2 | 1983–1983 |
Midwest Mutual Insurance Company v. Brasecker
green
2 sentences1983Smith v. Standard Guaranty Insurance Co., 435 So.2d 848 (Fla. 2d DCA May 20, 1983); Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); Clearwater Oaks Bank; Gibbs; Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975), cert. denied, 327 So.2d 31 (Fla. 1976); Baxter v. Royal Indemnity Co., 285 So.2d 652 (Fla. 1st DCA 1973), cert. discharged, 317 So.2d 725 (Fla. 1975). 1983Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982); Travelers Insurance Co. v. Habelow, 405 So.2d 1361 (Fla. 5th DCA 1981); Shupack v. Allstate Insurance Co., 367 So.2d 1103 (Fla. 3d DCA 1979); Lumilite Industries, Inc. v. Southeast Life Insurance Co., 365 So.2d 1083 (Fla. 3d DCA 1979); Allstate Insurance Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976); Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975); Baxter v. Royal Indemnity Co., 285 So.2d | 2 | 1983–1983 |
Florida Insurance Guaranty Ass'n v. Devon Neighborhood Ass'n
green
1 sentence2012“From its inception, the statute required that when a first-party claim is filed, the homeowner’s residential insurer shall notify the claimant of the right to participate in the mediation program provided in the statute.” Id. (citing § 627.7015(2), Fla. Stat. (1994 Supp.)). | 1 | 2012–2012 |
State Farm Mut. Auto. Ins. Co. v. Laforet
green
1 sentence2005As this Court previously explained, "Florida courts had refused to recognize the tort of first-party bad faith because the type of fiduciary duty that exists in third-party *1126 actions is not present in first-party actions and the insurer is not exposing the insured to excess liability." Laforet, 658 So.2d at 59 . [1] This void existed notwithstanding that insurers had the same incentive to deny an insured's first-party claim as may have existed with regard to the refusal to settle a claim presented by a third party against an insured. | 1 | 2005–2005 |
Manhattan Nat. Life Ins. Co. v. Kujawa
neutral
1 sentence2005For example, in Manhattan National Life Insurance Co. v. Kujawa, 522 So.2d 1078 (Fla. 4th DCA 1988), approved, 541 So.2d 1168 (Fla.1989), an insured initiated a first-party bad faith action against an insurer for failure to settle a claim under a life insurance policy. | 1 | 2005–2005 |
Allstate Ins. Co. v. Kelley
green
1 sentence1987See Butchikas v. Travelers Indemnity Co., 343 So.2d 816 (Fla. 1976); Allstate Insurance Co. v. Kelley, 481 So.2d 989 (Fla. 5th DCA 1986); Smith v. Standard Guaranty Insurance Co., 435 So.2d 848 (Fla. 2d DCA 1983) (and cases cited therein); Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983). | 1 | 1987–1987 |
Shupack v. Allstate Ins. Co.
green
1 sentence1983Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982); Travelers Insurance Co. v. Habelow, 405 So.2d 1361 (Fla. 5th DCA 1981); Shupack v. Allstate Insurance Co., 367 So.2d 1103 (Fla. 3d DCA 1979); Lumilite Industries, Inc. v. Southeast Life Insurance Co., 365 So.2d 1083 (Fla. 3d DCA 1979); Allstate Insurance Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976); Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975); Baxter v. Royal Indemnity Co., 285 So.2d | 1 | 1983–1983 |
Travelers Ins. Co. v. Habelow
green
1 sentence1983Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982); Travelers Insurance Co. v. Habelow, 405 So.2d 1361 (Fla. 5th DCA 1981); Shupack v. Allstate Insurance Co., 367 So.2d 1103 (Fla. 3d DCA 1979); Lumilite Industries, Inc. v. Southeast Life Insurance Co., 365 So.2d 1083 (Fla. 3d DCA 1979); Allstate Insurance Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976); Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975); Baxter v. Royal Indemnity Co., 285 So.2d | 1 | 1983–1983 |
Escambia Treating Co. v. Aetna Casualty & Surety Co.
green
1 sentence1983Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982); Travelers Insurance Co. v. Habelow, 405 So.2d 1361 (Fla. 5th DCA 1981); Shupack v. Allstate Insurance Co., 367 So.2d 1103 (Fla. 3d DCA 1979); Lumilite Industries, Inc. v. Southeast Life Insurance Co., 365 So.2d 1083 (Fla. 3d DCA 1979); Allstate Insurance Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976); Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975); Baxter v. Royal Indemnity Co., 285 So.2d | 1 | 1983–1983 |
Allstate Ins. Co. v. Gibbs
green
1 sentence1983Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982); Travelers Insurance Co. v. Habelow, 405 So.2d 1361 (Fla. 5th DCA 1981); Shupack v. Allstate Insurance Co., 367 So.2d 1103 (Fla. 3d DCA 1979); Lumilite Industries, Inc. v. Southeast Life Insurance Co., 365 So.2d 1083 (Fla. 3d DCA 1979); Allstate Insurance Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976); Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975); Baxter v. Royal Indemnity Co., 285 So.2d | 1 | 1983–1983 |
Evans v. Florida Farm Bureau Cas. Ins. Co.
green
1 sentence1983Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982); Travelers Insurance Co. v. Habelow, 405 So.2d 1361 (Fla. 5th DCA 1981); Shupack v. Allstate Insurance Co., 367 So.2d 1103 (Fla. 3d DCA 1979); Lumilite Industries, Inc. v. Southeast Life Insurance Co., 365 So.2d 1083 (Fla. 3d DCA 1979); Allstate Insurance Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976); Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975); Baxter v. Royal Indemnity Co., 285 So.2d | 1 | 1983–1983 |
Baxter v. Royal Indemnity Company
green
1 sentence1983Smith v. Standard Guaranty Insurance Co., 435 So.2d 848 (Fla. 2d DCA May 20, 1983); Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); Clearwater Oaks Bank; Gibbs; Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975), cert. denied, 327 So.2d 31 (Fla. 1976); Baxter v. Royal Indemnity Co., 285 So.2d 652 (Fla. 1st DCA 1973), cert. discharged, 317 So.2d 725 (Fla. 1975). | 1 | 1983–1983 |
Lumilite Industries, Inc. v. Southeast Life Insurance
neutral
1 sentence1983Industrial Fire & Casualty Insurance Co. v. Romer, 432 So.2d 66 (Fla. 4th DCA 1983); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982); Travelers Insurance Co. v. Habelow, 405 So.2d 1361 (Fla. 5th DCA 1981); Shupack v. Allstate Insurance Co., 367 So.2d 1103 (Fla. 3d DCA 1979); Lumilite Industries, Inc. v. Southeast Life Insurance Co., 365 So.2d 1083 (Fla. 3d DCA 1979); Allstate Insurance Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976); Midwest Mutual Insurance Co. v. Brasecker, 311 So.2d 817 (Fla. 3d DCA 1975); Baxter v. Royal Indemnity Co., 285 So.2d | 1 | 1983–1983 |
Carlile v. GAME AND FRESH WATER FISH COM'N
green
1 sentence1979Since any governmental venue privilege would be applicable no matter what the nature of the cause of action, Carlile v. Game & Fresh Water Fish Commission, supra, the FIGA would be able, at its option, to secure a transfer to Leon County of any claim in which it is joined as the alleged tortfeasor’s insurer or which asserts a first party claim against it under an existing policy. | 1 | 1979–1979 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.