Skip to Content

Florida Ruling Addresses Appraisal and “Bad Faith”

May 28, 2015

A Florida appellate court ruled an insured can sue its first-party property insurer for “bad faith” following an appraisal so long as certain conditions precedent have been satisfied.

In Cammarata v. State Farm Florida Ins. Co., 4D13—185 (Fla. 4th DCA September 3, 2014), the appellate court receded from a prior decision that held an insured needed a determination of a breach of contract (as opposed to an appraisal award) before suing for “bad faith.”

On May 14, 2015, the Florida Supreme Court declined to accept jurisdiction to review Cammarata, meaning the opinion will soon become final. Please contact us to discuss the potential impact of this opinion going forward.

Please click on the link below for a copy of the Cammarata opinion: