On August 3, 2009, in La Mer Condominium Association, Inc. v Citizens Property Insurance Corporation, 2007 30089, Volusia County (Judge Richard Graham), Childress Loucks & Plunkett defeated Citizens’ Motion to Dismiss La Mer’s claim under Fla. Stat. Section 624.155 asserting various violations of Citizens’ duties of good faith toward its insured. La Mer is seeking to recover damages for Citizens’ handling of La Mer’s 2004 windstorm claim. Citizens contends that it is immune from liability under section 624.155 and therefore may act toward its insureds in ways that would constitute acts of “bad faith” under the statute if committed by insurers in the private market. Citizens has sought extraordinary relief from the Fifth District Court of Appeals in an attempt to overturn Judge Graham’s decision before discovery into its claims practices can be obtained.
