Legal Opinion

Trafalgar at Greenacres, Ltd. v. Zurich American Insurance Co.

District Court of Appeal of Florida

Decided September 5, 2012No. 4D11-1376PublishedCited by 14 opinions

1Opinion of the Court

BLOOM, BETH, Associate Judge.

The sole issue in this appeal is whether an appraisal award pursuant to an insurance contract constitutes a “favorable resolution” of an underlying breach of contract dispute for purposes of filing a bad faith cause of action. We hold that it does.

In 2005, a shopping center owned by Trafalgar at Greenacres was damaged by Hurricane Wilma and a claim was submitted to the insurer, Zurich American Insurance. Zurich began its investigation and set its initial reserves at $1,500,000.00. In January 2006, Zurich issued a check for $468,381.30, after subtracting the…

2Cases cited4 opinions

  1. Blanchard v. State Farm Mut. Auto. Ins.Supreme Court of Florida · 1991
  2. Vest v. Travelers Ins. Co.Supreme Court of Florida · 2000
  3. DADELAND DEPOT. v. St. Paul Fire and MarineSupreme Court of Florida · 2006
  4. Imhof v. Nationwide Mut. Ins. Co.Supreme Court of Florida · 1994

3Cited by14 opinions

  1. HERSHEL BRYANT and BETTY BRYANT v. GEOVERA SPECIALTY INSURANCE COMPANYDistrict Court of Appeal of Florida · 2019
  2. Joseph Cammarata and Judy Cammarata v. State Farm Florida Insurance CompanyDistrict Court of Appeal of Florida · 2014
  3. Hunt v. State Farm Florida Insurance Co.District Court of Appeal of Florida · 2013
  4. Demase v. State Farm Florida Ins. Co.District Court of Appeal of Florida · 2018
  5. State Farm Insurance Co. v. UlrichDistrict Court of Appeal of Florida · 2013

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