Florida Supreme Court Issues Important Decision on Assignment and Release of...
On September 29, 2008 the Florida Supreme Court issued its opinion in Wachovia Insurance Services, Inc. v. Toomey. The supreme court answered certified questions from the United States Court of...
View ArticleImportant Bad Faith Decision Issued by the Eleventh Circuit
The issue in this third-party bad faith lawsuit was the propriety of the following jury instruction, given by the trial court: In your determination of whether GEICO General Insurance Company acted in...
View ArticleVictim Files Bad Faith Lawsuit Against Provident Life For Wrongful Denial of...
Provident Life and Accident Insurance Company paid our client, Ronnie H., his long term disability benefits from October 2001 until February 2004. Then, as of March 1, 2004, Provident terminated...
View Article11th Circuit Issues New Third-Party Bad Faith Decision
In Michael Johnson v. GEICO, _____ F. 3rd _____ (11th Cir. March 11, 2009), the 11th Circuit affirmed a summary judgment in favor of GEICO, after its insureds sued for GEICO’s bad faith failure to...
View ArticleFirst Party Bad Faith Judgment Reversed
Recently, Florida’s Fourth District Court of Appeals reversed a First Party Bad Faith verdict and judgment. In United Automobile Insurance Company v. Colon, Ms. Colon sued her PIP insurer for bad faith...
View Article5th DCA Holds Attorney-Client Materials from Underlying Case Not Discoverable...
In West Bend Mutual Insurance Company v. Higgins, _____ So.2d _____ (Fla. 5th DCA March 27, 2009), the insured brought a first-party bad faith case against West Bend pursuant to Florida Statute Section...
View Article2nd DCA Dismisses Bad Faith UM Claim as Premature
In Allstate Indemnity Insurance Company v. Nelson, ____ So.3d ____ (Fla. 2nd DCA May 22 2009), Nelson was seriously injured in a car accident. She and Allstate, her UM carrier, agreed to settle the...
View Article3rd DCA Refuses to Grant Certiorari Review of Claim for Breach of the...
In Citizens Property Insurance Company v. Bertot, ____ So.3d ____ (Fla. 3rd DCA June 3, 2009), an insured homeowner sued Citizens for breach of the insurance policy for failing to pay a claim, and for...
View ArticleFirst Party Bad Faith Case Ripe Upon Confirmation of Appraisal Award
In State Farm Florida Insurance Company v. Seville Place Condominium Association, Inc., ____ So.3d ____ (Fla. 3rd DCA October 14, 2009) a group of condos was damaged by Hurricane Wilma. Seville...
View ArticleThird Party Bad Faith Lawsuit Filed
My client caused a serious accident in which one of the occupants of the other vehicle died. GEICO insured my client with bodily injury liability limits of $10,000 per person / $20,000 per accident....
View ArticleCitizens Immune From Bad Faith, but there’s more…
In a long awaited opinion, in Citizen Property Insurance Corporation v. Perdido Sun Condominium Association, Inc., 40 FLW S265 (Fla., May 14, 2015), the Florida Supreme Court held that Citizens was...
View ArticleCoverage Granted Under Separation of Insureds Clause
In Taylor v. Admiral Insurance Company, ____ S.3d ____ (Fla. 3rd DCA February 10, 2016), Ms. Taylor sued Hello Florida, Villa Vizcaya and Miami-Dade County as a result of a slip and fall injury. Hello...
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