Safe Harbor Provision Does Not Apply, Florida Panel Says, Reverses Bad Faith Suit

Mealey's (December 2, 2015, 11:35 AM EST) -- TALLAHASSEE, Fla. — A Florida appeals panel on Dec. 1 found that a lower court erred in finding that a doctor insured’s bad faith suit against a medical malpractice insurer was barred by Florida’s “safe harbor” provision, reversing and remanding the coverage dispute arising from a medical negligence claim (Mohamad R. Samiian, M.D., individually and formally d/b/a Aesthetic and Plastic Surgery Clinic of Jacksonville, v. First Professionals Insurance Company, Inc., et al., No. 1D14-3656, Fla. App., 1st Dist.; 2015 Fla. App. LEXIS 17927).

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