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Lawrence Ingram, Partner, Jessica Alley, Partner, and Hoyt Prindle, Attorney, all with Freeborn & Peters, Tampa Lawrence Ingram, Partner, Jessica Alley, Partner, and Hoyt Prindle, Attorney, all with Freeborn & Peters, Tampa

“Do not blame anybody for your mistakes and failures”—good advice from Bernard Baruch, trusted adviser to President Franklin D. Roosevelt. This article asks the question: Should a liability insurer in Florida be allowed to blame retained defense counsel for the insurer’s bad faith? The answer is no. Both public policy and practical considerations, as expressed by the courts and legislature, provide that an insurer’s obligations of good faith are personal to the insurer and nondelegable. Florida courts should not sanction the transfer of the insurers’ good faith obligations to defense counsel.

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