Motion in Limine Ruling Allows Evidence of Bad Faith Claims Handling, but Not of Bad Faith Conduct

June 27, 2022
Tred R. Eyerly - Insurance Law Hawaii

Under Florida law, the court granted the insurer's motion in limine to exclude evidence of bad faith until a breach of the policy was established, but denied the motion insofar as it sought to exclude evidence of bad faith claims handling. Monterey at Malibu Bay Condo. Ass'n v. Empire Indem. Ins. Co., 2022 U.S. Dist. LEIXS 68013 (S.D. Fla. April 13, 2022).

The Condominium Association filed suit for declaratory relief after its property was damaged by Hurricane Irma. The insurer, Empire Indemnity Insurance Company, made a partial payment, but the AOAO alleged Empire breached the contract by failing to fully indemnify the AOAO. Before trial, Empire moved to preclude the AOAO from introducing evidence and testimony alleging bad faith conduct. It also sought to exclude references to its "bad faith" or "good faith" conduct because such references could confuse the jury and unduly prejudice Empire.

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