PBCBA BAR BULLETINS pbcba_bulletin_May 2019 | Page 21

The Fourth District also concluded that
there was negligence on the part of the
insured because he had not provided a
statement despite having the assistance
of private legal counsel for several days
before suit was filed. The Fourth District
seemingly ignored the fact that Harvey
was not aware of the plaintiff’s desire to
take this statement but in any regard the
Supreme Court makes it clear that there is
no law in Florida creating a comparative
negligence standard with respect to an
insured’s obligation and that the focus is on
whether the insurer acted in good faith in
handling the negotiations and the eventual
defense of the claim. The Supreme Court
stated in Berges, supra,
To the extent this four/three decision
survives the change in personnel in the
Supreme Court this case establishes the
high burden an insurer has in handling a
significant claim on behalf of its insured
and is a primer on the law of bad faith
insurance in Florida.
NOTE: BECAUSE A NUMBER OF PEOPLE
HAVE REQUESTED COPIES OF PAST
ARTICLES, A COMPILATION OF THESE
ARTICLES IS NOW AVAILABLE TO
MEMBERS OF THE PALM BEACH COUNTY
BAR ASSOCIATION, FREE OF CHARGE, BY
CALLING [phone].
The focus in a bad faith case is not on the
actions of the claimant but rather on those
of the insurer in fulfilling its obligations to
the insured. 896 So. 2d at 677. This is
because, as the insured, Harvey “surrendered
to the insurer all control over the handling
of the claim.” Boston Old Colony, 386 So. 2d
at 785.
PALMBEACHBAR.ORG
21