20 Fla. L. Weekly Supp. 662a
Online Reference: FLWSUPP 2007ROSEInsurance — Homeowners — Bad faith — Citizen’s Property Insurance Corporation has statutory immunity from bad faith claims — Florida law does not recognize claim for breach of covenant of good faith and fair dealing in insurance context — Motion to amend complaint denied
GLORIA ROSEN, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. Circuit Court, 17th Judicial Circuit in and for Broward County, General Jurisdiction Division. Case No. 07-1735 (05). May 2, 2013. Thomas M. Lynch, IV, Judge. Counsel: Lee H. Schillinger, Hollywood, for Plaintiff. Jose P. Font, Vernis & Bowling of Broward, P.A., Hollywood, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION FORLEAVE TO FILE AMENDMENT TO PLEADINGS
This matter came on for hearing, on April 22, 2013, on the Plaintiff’s Motion for Leave to File Amendment to Pleadings and Plaintiff’s Memorandum in support thereof, and the Defendant’s Response in Opposition, and the Court, having heard argument of counsel, having reviewed the pleadings and the case law. The Plaintiff seeks to amend its Complaint in Case No. 07-1735 to raise the issue of Breach of Covenant of Good Faith and Fair Dealing, in light of the Appraisal Panel’s award, see Trafalgar at Greenacres, Ltd. v. Zurich American Insurance Co., 100 So.3d 1155 (Fla. 4th DCA 2013) [37 Fla. L. Weekly D2139b] it is Hereby
ORDERED that the Plaintiffs Motion for Leave to File Amendment to Pleadings is Denied. The Defendant, Citizens Property Insurance Corporation, has statutory immunity from a bad faith cause of action under Florida Statutes, see Citizens Prop. Ins. Co. v. Garfinkel, 25 So.3d 62 (Fla. 5th DCA 2009) [34 Fla. L. Weekly D2599b], rev’sd on other grounds Citizens Prop. Ins. Co. v. San Perdido Assn, 104 So.3d 344 (Fla. 2012) [37 Fla. L. Weekly S691a]. Plaintiff’s claim for breach of the covenant of good faith and fair dealing in the insurance context is not recognized as a cause of action in Florida, QBE Insurance Corp. v. Chalfonte Condominium Apartment Association, Inc., 94 So. 3d 541 (Fla. 2012) [37 Fla. L. Weekly S395a].
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