CopyCited 14 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302
...), whether (insured) misrepresented material facts to (defendant) or made material omissions of fact to (defendant), and (list such additional factors as the court may determine to be relevant). NOTE ON USE FOR 404.5 1. This instruction implements F.S. 766.1185(2), and should be used only in cases to which that statute applies....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 17927, 2015 WL 7731744
...Mohamad Samiian asks us to reverse the summary final judgment
exonerating his medical malpractice insurer, First Professionals Insurance
Company, Inc. (FPIC). The trial court ruled that Dr. Samiian’s bad faith action
against FPIC was barred by the “safe harbor” provision in section 766.1185(1)(a),
Florida Statutes (2005)....
...2d 926 (Fla.
1st DCA 2007).
4
Mr. Johnson then withdrew from representation and FPIC retained Craig
Dennis to represent Dr. Samiian.
4
any bad faith action was barred by virtue of the safe harbor provision in section
766.1185(1)(a)1., Florida Statutes (2005); 5 and (2) FPIC was not legally
5
Section 766.1185, Florida Statutes (2005), provides, in relevant part:
Bad faith actions.—In all actions for bad faith against
a medical malpractice insurer relating to professional
liability insurance...
...decision which FPIC contended Dr. Samiian made in consultation with his legal
team, independently of FPIC.
The trial court granted the motion for summary judgment on the first ground
and entered final judgment in favor of FPIC, concluding that section
766.1185(1)(a) was “specifically designed and enacted to limit claims for insurer
bad faith against medical malpractice carriers where the insurer’s full policy limits
were tendered within the safe harbor period.” The trial court rejected Dr.
Samiian’s contention that his bad faith claim fell under section 766.1185(2), stating
only: “If subsection (1) does apply, the Plaintiff does not have the ability to
(d) Whether the insured denied liability or requested
that the case be defended after the insurer fully advis...
...arbitrate, noting evidence that FPIC’s claims adjuster participated in discussions
with Dr. Samiian and his attorneys regarding whether to offer to arbitrate.
The record is clear that FPIC tendered its policy limits well before time had
run under section 766.1185(1)(a), Florida Statutes (2005), and no party claims the
tender was defective in any way. But section 766.1185(1)(a) does not bar an
action for bad faith on any ground other than failure to settle promptly (before the
deadline it specifies) when settlement is indicated....
...claim to binding arbitration, thereby limiting its exposure to attorney’s fees and
costs that it would have incurred if the claim had gone to trial and liability had
been litigated.
The bad faith action Dr. Samiian and his professional association pleaded
falls under section 766.1185(2), Florida Statutes (2005), which specifies ten factors
that must be considered on the question of bad faith, where section 766.1185(1)
does not apply. The trial court erred in entering summary final judgment in favor
of FPIC on the purported authority of section 766.1185(1)(a), Florida Statutes
(2005)....
...of admission of liability, settlement offer, or offer of judgment made by an insurer
or self-insurer shall be made in good faith and in the best interests of the insured.”
8
Civ. P. 1.510(c), the safe harbor provision in section 766.1185(1)(a) does not apply
in the present case....
