As one of its interim projects, the Florida Senate will be reconsidering the area of the law surrounding "Bad Faith" claims regarding insurance settlement practices.
While there has long been a duty for an insurer to act in good faith as to their insureds, Gwynne Young (Pres. Elect of the Florida Bar and active RPPTL Member) and Johanna Clark pointed out in a recent Florida Bar Article the relatively new practice of intentionally setting up a "Bad Faith" claim with unreasonable demands, conditions and other "tricks" in order to elevate a claim beyond policy limits.
A copy of their Bar Journal article can be
read here.
And here is the link to the
Senate Project Summary. It is part of a long document, so search for project 2012-132
The title industry lobby team is evaluating whether we, as an industry, should provide the senate with specific examples of problems affecting the title insurers.