One contested phrase in Florida’s new bad-faith law, and a $2 million tender nobody will accept, has landed National Fire in federal court.
National Fire & Marine Insurance Company wants a Miami judge to declare that it complied with Florida’s bad-faith “safe harbor,” according to a declaratory judgment complaint filed July 2, 2026.
The case began with a tragedy. On or about April 22, 2025, a 5-year-old identified in the complaint only as M.A.B. drowned in the pool at the Tradewinds Apartment Hotel in Miami Beach, the filing states. The property was insured under a commercial general liability policy issued to South Beach Group Hotels, with limits of $2,000,000 per occurrence and $4,000,000 in the aggregate, the complaint says. Berkshire Hathaway Specialty Insurance Company handles claims under the policy for National Fire…