Bad Faith Sentinel - June 2012


In This Issue:

- Court of Appeals of Florida Grants Summary Judgment in Favor of Insurer on Bad Faith Failure To Settle Claim pages 1 - 2

- Illinois Court of Appeals Discusses Importance of Notice to the Insured of Settlement Negotiations and a Final Settlement, and Defines the Role of an Assignee in a Bad Faith Claim pages 2 - 4

- Eastern District of Wisconsin: No Bifurcation at Discovery Stage for Bad Faith Claim in Federal Court page 4

- U.S. District Court for South Dakota Compels Production of Post-Claim Privilege Log, and Allows Discovery of Claims Manual and Bonus and Incentive Program in Bad Faith Claim Against Insurer page 5

Excerpt from "Court of Appeals of Florida Grants Summary Judgment in Favor of Insurer on Bad Faith Failure To Settle Claim"

No bad faith in bodily injury claim when the personal representative of the estate did not respond to several phone calls and messages from the adjuster requesting attorney contact information that was needed for settlement negotiations.

On February 24, 2007, Molly Swaby was rear-ended by John Perkins who was speeding. Swaby was severely injured and remained hospitalized until her death on May 12, 2007. Perkins had bodily injury liability coverage through American Vehicle Insurance Company (“AVIC”).

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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