SC08-1968 – Pamela Perera v. United States Fidelity and Guaranty Company

State: Florida

Docket No: SC08-1968

Case Date: 05/06/2010

Preview:Supreme Court of Florida
____________ No. SC08-1968 ____________ PAMELA PERERA, Appellant, vs. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellee. [May 6, 2010] PARIENTE, J. This case, pending in the federal court, involves interpretation of Florida law on third-party bad-faith causes of action in insurance cases. We have jurisdiction because the Eleventh Circuit Court of Appeals certified two questions,1 which are

1. The two certified questions are: 1. CAN A CAUSE OF ACTION FOR BAD FAITH AGAINST AN INSURER BE MAINTAINED WHEN THERE IS NOT AN EXCESS JUDGMENT AGAINST THE INSURED? 2. EVEN IF AN EXCESS JUDGMENT IS NOT ALWAYS REQUIRED, CAN A CAUSE OF ACTION FOR BAD FAITH AGAINST AN INSURER BE MAINTAINED WHEN THE

"determinative of the cause and for which there is no controlling precedent." Art. V,

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