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Blog Posts in Bad Faith

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  • Florida Fifth DCA reverses trial court's dismissal of plaintiffs' bad faith lawsuit against home insurer, finds that insurer's payment of policy limits established liability and damages
    Florida Fifth DCA reverses trial court's dismissal of plaintiffs' bad faith lawsuit against home insurer, finds that insurer's payment of policy limits established liability and damages

    On March 29, 2018, in Demase v. State Farm Florida Insurance Company , No. 5D16-2390, the Florida Fifth DCA reversed a trial court’s dismissal of plaintiff homeowners’ first-party bad faith case ...

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  • Florida Fifth DCA quashes trial court order compelling UIM insurer in bad faith case to produce discovery subject to claimed work product and attorney-client privileges
    Florida Fifth DCA quashes trial court order compelling UIM insurer in bad faith case to produce discovery subject to claimed work product and attorney-client privileges

    On January 12, 2018, in State Farm v. Knapp , Case No. 5D17-447, the Florida Fifth DCA quashed a trial court order compelling a defendant UIM insurer in a bad faith case to produce discovery subject ...

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  • Florida Third DCA rules that dismissal rather than abatement is required for third-party bad faith claim filed prematurely before settlement or verdict obtained against insured driver
    Florida Third DCA rules that dismissal rather than abatement is required for third-party bad faith claim filed prematurely before settlement or verdict obtained against insured driver

    On January 3, 2018, in GEICO v. Martinez , No. 3D17-1086, the Florida Third DCA reversed a trial court’s order granting a plaintiff’s motion to amend her complaint against the alleged at-fault driver ...

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  • Florida Fourth DCA rules that improperly mailed civil remedy notice to insurer did not bar subsequent bad faith claim because insurer's response effectively waived objection
    Florida Fourth DCA rules that improperly mailed civil remedy notice to insurer did not bar subsequent bad faith claim because insurer's response effectively waived objection

    On October 18, 2017, in Evergreen Lakes HOA, Inc. v. Lloyd’s Underwriters at London , No. 4D16-2657, the Florida Fourth DCA reversed a trial court’s entry of summary judgment in favor of a property ...

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  • Eleventh Circuit Court of Appeals rules that damages determination in UIM breach of contract case is not binding in bad faith case where insurer was not granted appellate review
    Eleventh Circuit Court of Appeals rules that damages determination in UIM breach of contract case is not binding in bad faith case where insurer was not granted appellate review

    On June 15, 2017, in Bottini v. GEICO , No. 15-12266, the Eleventh Circuit Court of Appeals reversed a federal trial court’s order granting a partial summary judgment on the binding effect in a bad ...

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  • Fourth District Court of Appeal holds that insurer did not exercise bad faith in failing to settle claim because the insurer's actions at most amounted to negligence rather than bad faith
    Fourth District Court of Appeal holds that insurer did not exercise bad faith in failing to settle claim because the insurer's actions at most amounted to negligence rather than bad faith

    On January 4, 2017, in Geico General Insurance Company v. Harvey (No. 4D15-4724), the Fourth District Court of Appeal reversed the trial court's denial of defendant's directed verdict motion in a ...

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