Abatement of Premature Florida Bad Faith Insurance Claims

J.P. Gonzalez-Sirgo
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Founder of J.P. Gonzalez-Sirgo, P.A.

In Florida, there are certain requirements that must be met before a policyholder can pursue a statutory bad faith claim under Florida Statutes section 624.155.  The statute includes a notice provision, for example.  Insurance companies often seek dismissal of lawsuits filed before the insured’s bad faith claim is ripe. 

“Ripeness” refers to the readiness of a case for litigation.  If the case depends on future events that might not occur, the case is not yet ripe.  A lawsuit cannot proceed when it is brought before the case is ripe, such that all events that are contingent for the lawsuit to proceed have been resolved. The ripeness issue often arises when a bad faith claim is filed prior to a determination that the insurance company is liable for the loss.

Although filing a lawsuit prematurely can result in an insurance carrier getting the case dismissed, Florida courts are increasingly taken a less severe approach.  A recent Federal Court interpreting Florida law in Gianassi v. State Farm Mut. Auto. Ins. Co. indicated “[b]oth parties recognize that a statutory bad faith claim that is filed prior to resolution of the underlying insurance claim is premature.  However, they disagree about what to do in the instant case.”  While the insurer requested that the judge dismiss the case, the policyholder requested that the court simply “abate” the case until the question of coverage was determined.  Abatement means that the lawsuit is simply suspended or placed on hold until the issues necessary for the matter to be considered ripe for the lawsuit to proceed have been resolved.

The Gianassi court went on to observe that Florida courts have not settled on a definitive approach to handling premature bad faith claims.  Some courts dismiss such cases while others use the abatement approach until the claim becomes ripe.  However, the court noted some definite justifications for abating the proceeding.  The court recognized that abatement offers the benefit of judicial efficiency when ruling on bad faith claims that have not become ripe.  Since the proceeding is simply suspended, the parties do not have to refile pleadings, and the court can avoid rehearing matters that were already decided prior to a dismissal because the claim was premature.

This case provides yet another example of the complex issues that can arise when policyholders are forced to resort to filing a lawsuit against their insurance company for breach of contract or insurance bad faith.  While a court may have the option of simply abating the proceeding if you have failed to comply with all pre-suit requirements, a dismissal is also a possibility.  

You can reach Miami Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected].

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