Chalfonte Condominium Apartment Association, Inc.v.Qbe Insurance Corporation
Hurricane Wilma damaged a condominium complex insured by QBE. After QBE investigated the claim, Chalfonte sued in Florida federal court for coverage, breach of an implied warranty of good faith and fair dealing, and statutory violations concerning the policy’s hurricane-deductible notice. A jury awarded more than $8 million, and the district court entered judgment for Chalfonte. In a consolidated appeal, the Eleventh Circuit certified five Florida-law questions to the Florida Supreme Court. That court held that first-party bad-faith relief must proceed under Florida’s statutory remedy, that the notice statute creates no private cause of action, that a notice defect does not void the deductible, and that a policy’s reference to payment after final judgment does not waive the insurer’s right to stay execution by posting a supersedeas bond. The Eleventh Circuit therefore affirmed dismissal of the statutory claim but reversed the denial of QBE’s new-trial motion. It remanded for the district court to disallow evidence of notice noncompliance, bifurcate the coverage and bad-faith claims, and apply the deductible to any recovery on retrial.
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