Florida Federal Judge Says Breach Of Duty-To-Defend Claim Must Be Dismissed

(April 11, 2018, 10:58 AM EDT) -- MIAMI — A third-party claimant’s allegation for breach of the duty to provide an adequate defense cannot stand because the allegation is duplicative of the claimant’s bad faith allegations and is dependent on whether the insurer acted in bad faith in its handling of an auto claim on behalf of its insured, a Florida federal judge said April 6 (Wallace Mosley, a minor by and through his guardians, Dina Cellini & Roslyn Weaver, v. Progressive American Insurance Co., No. 14-62850, S.D. Fla., 2018 U.S. Dist. LEXIS 59907)....

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