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Dismissal of First-Party Bad Faith Case in UM Action and Attorney’s Fees Claim

Laurie Adams and Alexandra Paez, of the West Palm Beach office, successfully dismissed a bad faith case within a UM complaint, in Dade County. Although the trend has been abatement in some jurisdictions, there are still viable reasons a case can and should be dismissed, especially considering the posture of the case and its effect on judicial economy. The Court also granted the carrier’s motion for protective order as to bad faith discovery, struck the attorney’s fee claim as there was no denial of coverage, and granted our motion striking improper breach of contract allegations within the UM complaint. It is now pared down into the straight UM claim it should have been from the beginning.

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