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Insured Cannot Bring Common Law Claim for Breach of the Implied Warranty of Good Faith and Fair Dealing Separate and Apart From Claim for Statutory Bad Faith

By Karma Hall, Esq. 

In Chalfonte Condominium Apartment Association, Inc. v. QBE Insurance Corp., No. SC09-441, (May 31, 2012), the Florida Supreme Court was called upon to decide (among other certified questions*) whether an insured may bring a common law claim for breach of the implied warranty of good faith and fair dealing separate and apart from a claim for statutory bad faith.
The U.S. Court of Appeals for the Eleventh Circuit had certified questions to the Florida Supreme Court, explaining that “[n]o Florida court has explicitly held that an insured may bring a claim for breach of the implied warranty of good faith and fair dealing for an insurer’s failure to investigate and assess its insured’s claim within a reasonable period of time.” Chalfonte Condominium Apartment Association, Inc. v. QBE Insurance Corp., 561 F.3d 1267 (11th Cir. 2009). On the other hand, the court noted “[n]or do we believe that the Florida courts have decisively held that a statutory bad faith action provi…