Trafalgar May Increase Post-Appraisal Litigation In Fla.

Law360, New York (November 27, 2012, 4:27 PM EST) -- The Florida District Court of Appeal, Fourth District, recently held that an appraisal award in favor of an insured constitutes the “favorable resolution” of an action for insurance benefits necessary to proceed with a statutory first-party bad faith action under Florida law. Trafalgar v. Zurich Ins. Co. (Fla. App. 4 Dist. Sept. 5, 2012).

Underlying Facts

Trafalgar, the plaintiff/insured, submitted a claim to Zurich Ins. Co., the defendant/insurer, for damage sustained to its

shopping center during Hurricane Wilma. After beginning its investigation, the insurer issued two payments...
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