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Can you sue homeowners for breach of contract and bad faith,If you loose on one say bad faith do you loose on breach also

Punta Gorda, FL |

I filed a lawsuit against an insurance company for breach of contract and statutory bad faith. On the first day of trial, the insurance company was able to get the judge to dismiss the bad faith. What is the legal rule for being able to do this? Also, can I later file a suit for bad faith if I win the breach of contract first?

Attorney Answers 3


This is something that you should discuss with the lawyer who is representing you in the litigation. It would be unethical for a lawyer on this forum to second guess your lawyer without reviewing all of the pleadings and all of the evidence.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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The law in Florida is that you must win the breach of contract case first. If you do, then you can go after the insurance company for bad faith damages. Good luck!

Todd is a partner at the law firm of Stabinski & Funt, P.A., specializing in accident and insurance claims. Stabinski & Funt has been serving South Florida for over 42 years. Todd can be reached at or by phone toll free (877)48-CLAIM. This is not to be considered legal advice nor does an attorney-client relationship exist.

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You don't supply sufficient detail to make any kind of definitive answer to your question. However, if the trial had already started, it sounds like the insurance company was granted either summary judgment or a motion to strike. If either of those motions were granted, you are barred from asserting them in a later proceeding -- they have already been determined "on the merits" by the Court and found to be not sufficiently proved.

Generally speaking, you only get "one bite at the apple." Any claims you have must be brought in the same action and prosecuted at (essentially) the same time. You cannot split your claim into parts and litigate them sequentially in separate suits.

If you have a case against the insurance company and you actually want to win that case, you need an attorney to help you. This is not something which you can do on your own. The insurance company has (many) lawyers and they are all focused on a single goal -- to screw you out of whatever you might deserved under the terms and conditions of the policy. You are going to (metaphorically) slaughtered by their attorney(s).

Good luck!

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