The Florida Supreme Court recently published its opinion in QBE Insurance Corp. v. Chalfonte Condominium Apartment Assoc. , No. SC09-441 (filed May 31, 2012). Notwithstanding arguments to the contrary, the decision does not deny an insured’s right to seek redress for perceived wrongs against its insurance carrier. Much has been made of the court’s refusal to allow a common-law bad-faith complaint, the court also affirmed two other principals of insurance law. And in resolving each claim, the court simply did not create new rights under Florida law.
The case relates to the application of a substantive deductible for hurricane damage to a condominium. The condominium association, Chalfonte, filed a claim with its insurance carrier, QBE, for damage resulting from Hurricane Wilma. Because Chalfonte was dissatisfied with QBE’s investigation and processing of the claim, it sued.
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