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Amica Mutual Insurance Co. v. Weiner

Citations: 869 So. 2d 776; 2004 Fla. App. LEXIS 2718Docket: No. 4D02-4876

Court: District Court of Appeal of Florida; March 2, 2004; Florida; State Appellate Court

Narrative Opinion Summary

Arnica Mutual Insurance Company appeals a Final Judgment favoring Andrea B. Weiner, the Personal Representative of Richard J. Weiner's Estate, regarding her bad faith claim against Arnica. The appeal challenges the denial of Arnica's motion for a directed verdict and its motion for a new trial. The court affirms the judgment, determining that there were disputed factual issues concerning Arnica's good faith actions towards its insured, Weiner. Consequently, the jury was tasked with deciding whether Arnica failed to act in good faith with due regard for the insured's interests, referencing precedents from Boston Old Colony Ins. Co. v. Gutierrez and Campbell v. Gov’t Employees Ins. Co. The ruling is affirmed with concurrence from Judges Stone, Gross, and Hazouri.

Legal Issues Addressed

Bad Faith Insurance Claim

Application: The court considered whether Arnica Mutual Insurance Company acted in good faith towards its insured, Richard J. Weiner, as required by law.

Reasoning: The court affirms the judgment, determining that there were disputed factual issues concerning Arnica's good faith actions towards its insured, Weiner.

Directed Verdict and New Trial Standards

Application: The denial of Arnica's motion for a directed verdict and its motion for a new trial was challenged but ultimately upheld by the court due to unresolved factual disputes.

Reasoning: The appeal challenges the denial of Arnica's motion for a directed verdict and its motion for a new trial.

Jury's Role in Determining Good Faith

Application: The jury was responsible for assessing whether Arnica Mutual Insurance Company failed to act in good faith with due regard for the interests of the insured, based on existing legal precedents.

Reasoning: Consequently, the jury was tasked with deciding whether Arnica failed to act in good faith with due regard for the insured's interests, referencing precedents from Boston Old Colony Ins. Co. v. Gutierrez and Campbell v. Gov’t Employees Ins. Co.