Jeffrey Michael Cohen

Jeffrey Michael Cohen

Carlton Fields

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Sloppy Claims Handling Exposes Insurer to Bad Faith Claims

A Geico insured, with a $10,000/$20,000 liability policy, was involved in a three-car collision resulting in the death and serious injury of two occupants in one of the vehicles. The insured reported the accident to Geico the...more

5/3/2016 - Auto Insurance Bad Faith Car Accident Denial of Insurance Coverage GEICO Insurance Industry Insurance Litigation Personal Liability

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable...more

1/11/2016 - 401k Administrative Proceedings Big Data Bitcoin BSA/AML E-Commerce Medical Devices SEC STOLI Takedown Notices Variable Annuities

To Stay or Not to Stay … That Is the Question

In the insurance arena, courts are often confronted with simultaneous lawsuits involving the same, or almost the same, parties. In the “underlying case” a claimant seeks damages from an insured defendant. Simultaneously, the...more

1/7/2016 - Abatement Denial of Insurance Coverage Homeowner's Insurance Insurance Industry Insurance Litigation Stays

When is a Vehicle Not a “Vehicle”?

Two police officers were riding in a police car that was struck by an intoxicated underinsured driver. The officer in the passenger seat suffered serious injuries that were inadequately compensated by the tortfeasor’s...more

10/6/2015 - Appeals Arbitration Auto Insurance Automotive Industry Car Accident Casualty Insurance Insurance Industry Liability Insurance Motor Vehicles Police Property Insurance State Farm Uninsured and Under-Insured Motorists

Florida Federal Court Limits First Party Bad Faith Claims

First party bad faith actions in Florida must be pursued under §624.155 Florida Statutes because Florida does not recognize common law first party claims. The statute provides that an insured may bring a civil action against...more

6/23/2015 - Bad Faith Condominium Associations Cure Periods First-Party Coverage Hurricane Wilma Insurance Litigation Insureds Property Damage Property Insurance

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

Florida Courts Offer Different Opinions on "Policy Conditions"

Several recent Florida decisions have addressed the distinction between “conditions precedent” and “conditions subsequent” in insurance policies and the impact of that distinction on issues of prejudice and burden of proof at...more

1/14/2015 - Burden of Proof Condition Precedent Insurance Industry Insurance Litigation State Farm Uninsured and Under-Insured Motorists

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face...more

7/22/2014 - Compliance Enforcement Enforcement Actions PBGC Private Equity Property Insurance SEC Title Insurance

Eleventh Circuit Maps a Route Around Four Corners

Florida adheres to the "four corners rule," under which a liability insurer’s duty to defend an insured is determined solely from the allegations of the underlying complaint. In Composite Structures, Inc. v. The Continental...more

7/16/2014 - Commercial General Liability Policies Duty to Defend Insurance Industry Liability Insurance Policy Exclusions

The Use And Misuse Of Expert Testimony In Bad Faith Actions

Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...more

5/8/2013 - Admissibility Bad Faith Daubert Standards Evidence Expert Testimony Expert Witness Trials

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