After the 2004 hurricanes damaged his property, Plaintiff Garfinkel filed a complaint against Citizens seeking coverage. The parties agreed to resolve the matter through the appraisal process. Garfinkel brought a bad faith claim against Citizens after he prevailed on his claim. The trial court permitted him to proceed with his bad faith action, and it ordered Citizens to comply with various discovery orders. Citizens sought a writ of prohibition. The Fifth DCA granted it.

The Fifth DCA determined that §627.351(6)(r), Fla. Stat. (2008), immunized Citizens, a state entity, from bad faith claims. The Court found that Citizens can only be sued based on the causes of action specified under §627.351(6)(r)(1), stating:

The logical implication is that the Legislature created Citizens as a state entity and made it immune from suit except for those suits of a very particular variety. Nowhere in §627.351(6)(r)1 is there a specific exception stated for statutory bad faith claims under section 624.155(1)(b)(1). Moreover, the legislative history supports the view that there was no intention by the Legislature to subject Citizens to bad faith claims.

As a cause of action for bad faith is not enumerated under the applicable statute, Citizens has immunity from bad faith claims.

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