National Fire & Marine Insurance Co. v. Infinity Biscayne Myrtle Members, LLC
A commercial landlord sued its all-risk insurers for COVID-19 closure losses, pleading anticipatory breach, breach of contract, breach of the covenant of good faith and fair dealing, and bad faith. The Third DCA dismissed the insurers' certiorari petition from the denial of their motion to dismiss, holding that even though the good-faith/fair-dealing count was a cloaked and premature bad faith claim, an order denying dismissal of a premature bad faith claim does not establish irreparable harm supporting certiorari jurisdiction. Judge Gordo concurred but wrote separately that being compelled to answer an admittedly premature bad faith claim should constitute irreparable harm.
Key facts
- Commercial landlord Infinity Biscayne Myrtle Members, LLC sued its all-risk insurers National Fire & Marine Insurance Co. for COVID-19 closure losses, alleging anticipatory breach, breach of contract, breach of the implied covenant of good faith and fair dealing, and bad faith.
- The trial court denied the insurers' motion to dismiss all counts, and the insurers filed a certiorari petition challenging that order.
- +2 more key facts with a free trial
Why it matters
Practitioners defending first-party insurance suits — including the wave of COVID-19 business-interruption cases — get a clear statement that certiorari will not lie to knock out a premature bad faith or 'cloaked'… — full analysis with a trial
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