28 Fla. L. Weekly D1611b
Insurance — Automobile liability — Bad faith settlement of claims — Question certified: In an automobile accident scenario involving clear liability, multiple claims, and inadequate policy limits, does insurance good faith law require that an insurer reasonably investigate all claims prior to payment of any claim, keep the insured informed of the claims resolution process, and attempt to minimize the magnitude of possible excess judgments against the insured?
MARIBEL FARINAS and MARGARITA FARINAS, SUSAN WALKER, individually, and as representative of the ESTATE OF MARGAUX SCHEHR, ROCHELLE SLOSBERG, individually, IRVING SLOSBERG, individually, and as representative of the ESTATE OF DORI SLOSBERG, EMILY SLOSBERG, individually, and LIGIA GALLEGO, individually, and as representative of the ESTATE OF CAROLINA GIL, Appellants, v. FLORIDA FARM BUREAU GENERAL INSURANCE COMPANY, NICHOLAS FRANK COPERTINO and NICHOLAS T. COPERTINO, Appellees. 4th District. Case Nos. 4D02-11 & 4D02-96. Opinion filed July 9, 2003. Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John D. Weasel, Judge; L.T. Case No. CL 96-006316 AE. Counsel: Gary E. Sherman of the Law Offices of Gary E. Sherman, P.A., Fort Lauderdale, for appellants Maribel Farinas and Margarita Farinas. Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens and Brian J. Glick of Glick Law Offices, Boca Raton, for appellants Susan Walker, Estate of Margaux Schehr, Rochelle Slosberg, Irving Slosberg, Estate of Dori Slosberg, Emily Slosberg, Ligia Gallego and Estate of Carolina Gil. Louis K. Rosenbloum of Louis K. Rosenbloum, P.A., Pensacola, for Amicus Curiae The Academy of Florida Trial Lawyers. Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, J. Michael Burman of Burman, Critton, Luttier & Coleman, P.A., West Palm Beach, Greg M. Gaebe of Gaebe, Murphy, Mullen & Antonelli, Coral Gables, and Donald H. Partington of Clark, Partington, Hart, et. al., Pensacola, for appellee Florida Farm Bureau General Insurance Company. Sylvia H. Walbolt, and F. Townsend Hawkes of Carlton Fields, P.A., Tallahassee, and Alfred J. Saikali of Carlton Fields, P.A., Miami, for Amicus Curiae Florida Defense Lawyers Association and American International Companies.MOTION FOR REHEARING, REHEARING EN BANCAND CERTIFICATION[Original Opinion at 28 Fla. L. Weekly D1023b]
(PER CURIAM.) We deny Florida Farm Bureau’s Motion for Rehearing and Motion for Rehearing En Banc. However, in light of the fact that automobile accidents involving multiple claims and inadequate policy limits are likely to lead to recurrent lawsuits raising similar issues in the future, we grant Florida Farm Bureau’s Motion for Certification and certify the following question as one of great public importance:
IN AN AUTOMOBILE ACCIDENT SCENARIO INVOLVING CLEAR LIABILITY, MULTIPLE CLAIMS, AND INADEQUATE POLICY LIMITS, DOES INSURANCE GOOD FAITH LAW REQUIRE THAT AN INSURER REASONABLY INVESTIGATE ALL CLAIMS PRIOR TO PAYMENT OF ANY CLAIM, KEEP THE INSURED INFORMED OF THE CLAIMS RESOLUTION PROCESS, AND ATTEMPT TO MINIMIZE THE MAGNITUDE OF POSSIBLE EXCESS JUDGMENTS AGAINST THE INSURED?
(GUNTHER, POLEN and SHAHOOD, JJ., concur.)
