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Darien Nunez and Rances Calvo v. Selective Insurance Company of the Southeast
Date: 06-09-2025
Case Number: 24-cv-61865
Judge: Rodney Smith
Court: United States District Court for the Southern District of Florida (Broward County)
Plaintiff's Attorney: David Benjamin
Defendant's Attorney: John Pennekamp
Description:
Fort Lauderdale, Florida insurance law lawyer represented the Plaintiff who sued on a bad faith breach of contract theory.
In Florida, a bad faith breach of an insurance contract occurs when an insurer acts dishonestly or unreasonably in failing to fulfill its contractual obligations, such as denying a valid claim, delaying payments, or underpaying a claim. Florida law recognizes both first-party and third-party bad faith claims. A bad faith claim can be filed if an insurer fails to act fairly and honestly in settling a claim, resulting in damages to the insured.
Key aspects of bad faith in Florida:
Definition:
Bad faith is defined in Florida Statute 624.155(1) as an insurer's failure to act in good faith to settle a claim, including acts like not attempting to settle claims, making claims payments without proper statements, or failing to promptly settle claims when the obligation to do so is clear.
First-party vs. Third-party:
First-party bad faith involves an insurer's failure to pay a claim owed to the policyholder, while third-party bad faith involves an insurer's failure to adequately defend or settle a claim brought by a third party against the policyholder.
Notice Requirement:
Before filing a bad faith lawsuit, Florida law requires the policyholder to give the insurer written notice of the alleged bad faith, and the insurer has 60 days to cure the violation.
Proof:
To prove bad faith, the policyholder must show that the insurer knowingly acted unreasonably and caused harm.
Damages:
If bad faith is proven, the policyholder can recover damages beyond the original claim, including legal fees and expenses.
When might a bad faith claim be applicable?
When an insurance company denies a claim that should have been paid.
When an insurance company unreasonably delays the processing of a claim.
When an insurance company underpays a claim that is covered by the policy.
When an insurance company fails to properly investigate a claim.
When an insurance company fails to adequately defend or settle a claim against the insured.
In Florida, a bad faith breach of an insurance contract occurs when an insurer acts dishonestly or unreasonably in failing to fulfill its contractual obligations, such as denying a valid claim, delaying payments, or underpaying a claim. Florida law recognizes both first-party and third-party bad faith claims. A bad faith claim can be filed if an insurer fails to act fairly and honestly in settling a claim, resulting in damages to the insured.
Key aspects of bad faith in Florida:
Definition:
Bad faith is defined in Florida Statute 624.155(1) as an insurer's failure to act in good faith to settle a claim, including acts like not attempting to settle claims, making claims payments without proper statements, or failing to promptly settle claims when the obligation to do so is clear.
First-party vs. Third-party:
First-party bad faith involves an insurer's failure to pay a claim owed to the policyholder, while third-party bad faith involves an insurer's failure to adequately defend or settle a claim brought by a third party against the policyholder.
Notice Requirement:
Before filing a bad faith lawsuit, Florida law requires the policyholder to give the insurer written notice of the alleged bad faith, and the insurer has 60 days to cure the violation.
Proof:
To prove bad faith, the policyholder must show that the insurer knowingly acted unreasonably and caused harm.
Damages:
If bad faith is proven, the policyholder can recover damages beyond the original claim, including legal fees and expenses.
When might a bad faith claim be applicable?
When an insurance company denies a claim that should have been paid.
When an insurance company unreasonably delays the processing of a claim.
When an insurance company underpays a claim that is covered by the policy.
When an insurance company fails to properly investigate a claim.
When an insurance company fails to adequately defend or settle a claim against the insured.
Outcome:
Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Darien Nunez and Rances Calvo v. Selective Insurance Comp...?
The outcome was: Settled for an undisclosed sum and dismissed with prejudice.
Which court heard Darien Nunez and Rances Calvo v. Selective Insurance Comp...?
This case was heard in United States District Court for the Southern District of Florida (Broward County), FL. The presiding judge was Rodney Smith.
Who were the attorneys in Darien Nunez and Rances Calvo v. Selective Insurance Comp...?
Plaintiff's attorney: David Benjamin. Defendant's attorney: John Pennekamp.
When was Darien Nunez and Rances Calvo v. Selective Insurance Comp... decided?
This case was decided on June 9, 2025.