Insurance — Homeowners — Water damage — Coverage — Bad faith — Insurer’s post-suit payment of appraisal award constituted a confession that it breached policy by denying coverage above policy’s $1000 leakage sublimit in its formal response to insureds’ claim — Incorrect partial denial of benefits suffices to give rise to a confession of judgment — Conditions precedent to suit — Sworn proof of loss — Waiver — Insurer waived proof-of-loss requirement by denying coverage above policy sublimits based upon grounds other than insureds’ failure to furnish a notice or proof of loss — Bad faith — Trial court erred in entering summary judgment in favor of insurer on insureds’ bad faith claim — Claim is ripe where insurer’s liability for coverage and extent of damages have been established, and genuine issues of material fact remain as to whether insurer exercised good faith and fair dealing when it incorrectly invoked $1000 leakage sublimit in its formal response to claim
44 Fla. L. Weekly D1232a
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