Bad Faith Sentinel - December 2012

In This Issue:

- Florida Court Holds That Insurer’s Claim File, Including Log Notes And Internal Emails, Is Protected By Work Product Protection pages 1 - 2

- Southern District Of Mississippi: Insurer Has Right to Deny Life Insurance Benefits Due to Applicant’s Material Misrepresentations pages 2 - 3

- Florida’s Fourth District Court of Appeal: Bad Faith Claim is Viable where Insurer Could Have Made Settlement Offer to Insured in Coma pages 3 - 4

- Northern District of California Rejects Insured’s Argument that Insurer Acted in Bad Faith in Denying Coverage for Loss Caused by Marijuana Grow Operation pages 4 - 5

- Excerpt from Florida Court Holds That Insurer’s Claim File, Including Log Notes And Internal Emails, Is Protected By Work Product Protection:

State Farm Florida Ins. Co. v. Aloni, No. 4D11-4798, 2012 WL 5933001 (Fla. Ct. App. Nov. 28, 2012) -

Florida trial court erred in ordering insurer to produce claim file while coverage was in dispute.

Meir Aloni, as personal representative of Sonja Aloni, sued State Farm to recover for roof damage to a residence allegedly caused by Hurricane Wilma. Mr. Aloni alleged that he discovered damage to the roof around February 26, 2010 and immediately notified State Farm, the insurer for the property. State Farm denied coverage because Aloni did not report the claim until years after Hurricane Wilma swept through South Florida.

Please see full Newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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