In Florida, An Appraisal Award May Be A Final Determination Of Liability For A Bad Faith Case – Update

Originally published by Shaun Marker .

On August 30, 2014, I wrote about a hot topic in Florida that concerns whether a policyholder can pursue a bad faith case against their insurance company after the claim proceeds through the appraisal process and an award is entered: In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case. Continuing on the discussion of this topic is a recent case of Merlin Law Group attorney Kelly Kubiak from Florida’s Fourth District Court of Appeal (“4th DCA”), Cammarata v. State Farm Florida Insurance Company.1

The 4th DCA issued a thorough opinion on this topic complete with a detailed analysis of the case law in Florida related to appraisal and bad faith. In the case, the policyholders appealed a summary judgment finding that they could not pursue their bad faith case. The insurance carrier argued that because it’s liability for breach of the contract was not determined, the policyholder could not pursue the bad faith case. The…

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