In Perera, the issue was whether a cause of action for third-party bad faith is stated against an indemnity insurer when the insurer’s actions did not cause the damages to the insured and the insured faced no liability in excess of the insured’s policy limits. In conjunction with the U.S. Chamber of Commerce, the Florida Justice Reform Institute filed an amicus curiae brief urging the Florida Supreme Court to not extend the cause of action for bad faith to insureds who suffer no actual damages through an excess verdict. The Florida Supreme Court agreed, holding that a bad faith claim against an insurer requires a causal connection between the alleged bad faith and the exposure of the insured to liability in excess of the insured’s policy limit.
FJRI represented by George N. Meros, Jr. and Andy V. Bardos of GrayRobinson, P.A., and Robin S. Conrad.