A Florida court has ruled against Dr. Mohamad R. Samiian, a retired plastic surgeon, in his bad faith insurance case against First Professionals Insurance Company (FPIC). The ruling, made by the District Court of Appeal of Florida, affects Samiian's claims regarding the handling of a medical malpractice case that resulted in a significant arbitration award against him.
The case, filed under docket number 1D19-0846, stemmed from the death of Samiian's patient, Martin J. Gottlieb, in April 2004. Following the incident, Samiian notified FPIC of the potential claim against him. However, after an investigation, FPIC's attorney offered the estate a settlement of $250,000, which was the policy limit. The estate rejected the offer, leading to an arbitration judgment against Samiian for over $35 million.
In 2011, Samiian filed a bad faith insurance action against FPIC and a legal malpractice action against the attorneys involved in his defense, Brad R. Johnson and Foley & Lardner, LLP. Samiian argued that FPIC acted in bad faith by not investigating the incident sooner and by offering arbitration, which he claimed admitted liability. He sought damages including the arbitration award and attorney's fees.
The appellate court reviewed the case after it had been previously remanded. The court found no merit in Samiian's arguments, affirming the trial court's decisions. The court stated, "We find no merit in Appellant’s arguments and, therefore, affirm the final judgments and the attorney’s fee order." Judge Lewis presided over the ruling.
The court's decision means that Samiian will not receive the damages he sought from FPIC for what he claimed was bad faith in handling his insurance coverage during the malpractice claim. The ruling clarifies that FPIC had no duty to investigate the claim until a formal notice of intent was filed by the estate.
This ruling carries significant implications for medical professionals and their insurance providers in Florida. It reinforces the idea that insurers are not required to act until a formal claim is made, which could affect how medical malpractice claims are handled in the future. The ruling may also discourage similar bad faith claims against insurers if they can demonstrate they acted within the confines of their obligations.
Moving forward, Samiian has the option to appeal the decision to the Florida Supreme Court. However, it is unclear if he will pursue this route. There are no related cases pending at this time, but the outcome could influence future cases involving insurance bad faith claims in Florida.