"Florida law – what to know In Florida, the duty of an insurer is described as the ""duty to use the same degree of care and diligence as a person of or"
{"Image DocumentName": "Florida law \u2013 what to know", "Image ImageDescription": "In Florida, the duty of an insurer is described as the duty to use the same degree of care and diligence as a person of ordinary care and prudence should exercise in the management of his own business. Boston Old Colony Ins. Co. v. Gutierrez, 386 So. 2d 783, 785 (Fla. 1980). This is a fiduciary relationship b/w the insurer and insured, placing the insured with a high burden. Allstate Indem. Co. v. Ruiz, 899 So. 2d 1121, 1125 (Fla. 2005) provides that an insured cannot bring a bad faith claim if, within 60 days after filing notice, the damages are paid or the circumstances giving rise to the violation are corrected. Such written notice is required of any party attempting to bring a bad faith claim against an insured. F.S.A.\u00a7 After a debate on whether the insured must pay the claim amount or the claim amount plus bad faith damages within this time period, the Florida Supreme Court held, in Talat Enterprises, Inc. v. Aetna Cas. And Sur. Co., that the 60 day period, if complied with, precludes any recovery for bad faith damages. 753 So. 2d 1278 (La. 2000). Attack on law in Florida in that there is no reciprocal duty of good faith on part of the insured/claimant, resulting in a bad faith set-up. Baton v. Transamerica Ins. Co., 584 F. 2d 907, 914 (9th Cir. 1978)); Peraza v. Robles, 983 So. 2d 1189, 1192 (Fla. 3d D.C.A. 2008) Explain burdens of fiduciary relationship. Attack: Missing from this statute, however, is an affirmative, reciprocal obligation on the part of the insured or third-party claimant to likewise act in good faith in attempting to settle the claim\u2026. Lawyers for insureds/claimants sometimes affirmatively seek to avoid \u2014 contrary to the public policy favoring settlements \u2014 in an effort to convert  10,000 policy limits into a multi-million dollar recovery under the policy. That plainly was not the intent behind this statute, which instead is intended to encourage settlement of insurance claims. - In Florida, adjusters are liable, but to the insurer. If an insurer must pay bad faith damages to an insured based on actions of the independent adjuster, the insurer can recoup (seek indemnity) from these costs from adjuster, based on contract between adjuster and insurer. Home Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla. Dist. Ct. App. 2005).", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}