CopyCited 10 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 2819, 2002 WL 246669
...Insurance Code. Pastor's argument is flawed in many respects. First, it is important to note that Fla.Stat. §
624.11(1) qualifies the governance of the Insurance Code with the *1307 phrase "the applicable provisions of this code." Whether Fla.Stat. §
624.115 is applicable to this case is the question that the court is attempting to address in this choice of law analysis. If the result of a court's choice of law exercise is that Florida law applies, then Fla.Stat. §
624.115 will be "applicable" under §
624.11(1), and an insurer will have to comply with the Code....
...another state). III. Conclusion Under the doctrine of lex loci contractus, which must be applied here pursuant to Florida's choice of law rules, New Jersey governs Pastor's bad faith claim. In his complaint, Pastor seeks relief only under Fla.Stat. § 624.115....
CopyCited 5 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 93872, 2009 WL 3366065
...nd fair dealing by failing to "fairly" pay its claim. Id. The Court concluded that the plaintiffs assertion that the defendant failed to "fairly" pay its claim was "analogous to the term `wrongful' which would imply a statutory bad faith claim under § 624.115." Id....
...[DE-1, ¶ 64]. As in the cases cited above, the Court finds that Portofino's allegations that QBE failed to "reasonably" and "promptly" investigate and pay its claim are "analogous to the term `wrongful' which would imply a statutory bad faith claim under §
624.115." Quadomain,
2007 WL 1424596, at *6 (plaintiffs assertion that the defendant failed to "fairly" pay its claim was "analogous to the term `wrongful'"); see also Isola,
2008 WL 5169458, at *1269 *3 (relief founded upon "unreasonable" or "untimely" payment of its claim is limited to a section
624.155 action)....
CopyPublished | Florida 3rd District Court of Appeal
...Supp. 2d 1265, 1268 (S.D. Fla.
2009) (“Portofino’s allegations that QBE failed to ‘reasonably’ and ‘promptly’
investigate and pay its claim are analogous to the term ‘wrongful’ which would
imply a statutory bad faith claim under § 624.115.”) (internal quotation marks
omitted); Nirvana Condo....
CopyPublished | Florida 3rd District Court of Appeal
...Supp. 2d 1265, 1268 (S.D. Fla. 2009)
(“Portofino’s allegations that QBE failed to ‘reasonably’ and ‘promptly’ investigate
and pay its claim are analogous to the term ‘wrongful’ which would imply a statutory
bad faith claim under § 624.115.”) (internal quotation marks omitted); Nirvana
Condo....
