In many jurisdictions, a bad faith case predicated on a property insurer’s denial or alleged underpayment of a claim will not reach a jury if it is determined that the insurer fulfilled its obligations under the contract. The rationale is that if the insurer’s alleged conduct does not rise to the level of a breach

We have seen several recent cases in Florida addressing prompt notice requirements in property policies, many of which are related to Hurricane Wilma claims. This latest decision by the Fourth District Court of Appeal, Leben v. State Farm Florida Ins. Co. 2012 Fla. App. LEXIS 12522 (Aug. 1, 2012) seems to be contrary to the

Typical property policies require the insured to cooperate with the insurer in the investigation of the claim, and specifically require the insured to submit a sworn proof of loss, provide timely responses to an insurer’s request for documentation related to the claim and, if requested, submit to examinations under oath. If the insured fails to