U.S. District Court, M.D. Florida, Tampa Division
In Losat v. Geico Cas. Co., 2011 WL 5834689 (M.D. Fla. Nov. 21, 2011), the District Court granted summary judgment for Geico on a bad faith failure-to-settle claim based on the totality of the circumstances, including the conduct of the claimant.
The insured, Raghunadh Lnu, caused an accident that severely injured the third-party claimant, Shawn Losat. Geico attempted to offer Losat the full policy limits to settle the claim as soon as it learned of his identity and whereabouts, but Geico mistakenly came to believe that Theresa Losat, Losat's mother, was actually his wife. Losat's first attorney refused to settle for the policy limits and did not respond to Geico's offers except to refer Geico to Losat's second attorney. Losat's second attorney similarly refused offers to settle, and then alleged that Geico committed bad faith by not responding to a settlement demand and by issuing a release that mistakenly referred to Losat's mother as his wife – even though Geico subsequently attempted to correct the mistake.
Please see full article below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.