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October 7, 2014
Citizens Property Insurance Corp. v. Perdido Sun Condominium Association, Inc.
Perdido had a windstorm policy with Citizens and filed a claim for damage caused by Hurricane Ivan. Later, Perdido sued Citizens for breach of contract and was awarded $5.6 million. The First District Court of Appeal upheld the judgment. Perdido then sued Citizens again, arguing the insurer had violated a state law that requires insurers to settle claims in good faith. Citizens argued it was immune from such a lawsuit under the law that created it as a government entity providing last-resort insurance coverage. The trial court dismissed the lawsuit but the 1st DCA overturned that order, certified conflict with the Fifth District Court of Appeal and certified a question of great public importance.