News & Analysis as of

Bad Faith Negligence

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2024

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The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more

Marshall Dennehey

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Marshall Dennehey on

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

Lowenstein Sandler LLP

The SEC’s Private Fund Adviser Rules Explained — Part 3: Deciphering a Private Fund Manager’s Fiduciary Duty

Lowenstein Sandler LLP on

On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act), that are expected to have a wide-ranging impact on...more

Adams and Reese LLP

Deeper Dive into HB 837 – Potential Effects, Challenges of Wide-Ranging Florida Tort Reform Bill

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Last month, we provided an overview of Florida Tort Reform HB 837 - a wide-ranging tort reform bill ratified on March 24, 2023. With the stated goal of stabilizing the state’s insurance market, the bill’s sweeping provisions...more

Fuerst Ittleman David & Joseph

Tort reform update: Florida passes comprehensive tort reform that has potential to fundamental alter civil litigation in Florida.

On March 24, 2023, Governor DeSantis signed into law House Bill 837, a comprehensive bill aimed at creating significant tort reform that has the potential to fundamentally alter civil litigation in Florida. HB 837 shortened...more

Burr & Forman

Florida’s Comprehensive Tort Reform – Governor DeSantis Signs H.B. 837 Into Law, Signaling a New Era For Civil Litigation in...

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On March 24, 2023, Florida Governor Ron DeSantis signed H.B. 837 into law. This legislation enacts significant and wide-ranging changes to civil litigation practice in the state, including revamping comparative negligence...more

Adams and Reese LLP

Florida Tort Reform HB 837 - What Insurers Need to Know

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On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law, a wide sweeping tort reform bill that served to overhaul Florida’s litigation landscape. This legislation has a slew of effects on the judicial system...more

Shook, Hardy & Bacon L.L.P.

Florida Tort Reform Law Brings Significant Changes

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures that should interest any company engaging in business in Florida, owning property in Florida or litigating in Florida. The...more

King & Spalding

Florida Enacts Transformative Tort Reform Legislation

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On Friday, March 24, 2023, Governor Ron DeSantis signed into law House Bill 837, providing an overhaul to tort law in the state of Florida. The new legislation makes transformative changes, including reducing the statute of...more

Cozen O'Connor

Fast & Furious Tort Law Changes in Florida: New Negligence Statute of Limitations & Comparative Fault Rule

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On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837, “Civil Remedies.” This Act moved quickly through the Florida Legislature process, after having been introduced in February of 2023. The Act is...more

Holland & Knight LLP

Florida Enacts Major Tort Reform and Bad-Faith Insurance Claim Legislation

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Florida Gov. Ron DeSantis signed a far-reaching tort reform bill, numbered CS/CS/HB 837 (HB 837), into law on March 24, 2023. A rush to the courthouse with negligence lawsuits in advance of its effective date on the same day...more

Holland & Knight LLP

Florida Businesses Face Major Changes to State Tort Law

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Businesses such as restaurants, hotels, supermarkets, convenience stores and others will be affected by major changes to Florida's tort law. ...more

White and Williams LLP

Florida Passes Tort Reform Bill

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On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to...more

Carlton Fields

Florida Overhauls Bad Faith Law, Repeals One-Way Attorneys’ Fee Statutes, Adopts Modified Comparative Negligence and Other Tort...

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On March 23, 2023, the Florida Legislature passed HB 837, a bill enacting major reforms to Florida tort law. Gov. Ron DeSantis wasted no time, signing the bill into law shortly after the bill was presented to him the next...more

Rumberger | Kirk

Florida’s Most Comprehensive Tort Reform in Decades and What it Means for Insurers and Bad Faith Law

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This morning Governor Ron DeSantis signed the reforms compiled in Senate Bill 236 and House Bill 837 (“HB 837”). Some of the key aims of HB 837 with respect to insurance include decreasing frivolous lawsuits, altering...more

Jaburg Wilk

Arizona Supreme Court Clarifies and Heightens Punitive Damages Standard in Negligence Cases

Jaburg Wilk on

The Holding - In Swift Trans. Co. of Az., LLC. v. Carman in and for County of Yavapai, — Ariz. —, 515 P.3d 685 (Aug. 23, 2022), a bodily injury and wrongful death case arising from a tractor-trailer accident, the Arizona...more

Cozen O'Connor

Intentional Act Without Intent to Harm May Not Be an Occurrence

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An intentional act may not be an “occurrence” even when there is no intent to cause harm, according to a California appellate court’s recent ruling in Ghukasian v. Aegis Security Insurance Co.1 Ghukasian involved an insured...more

Cozen O'Connor

Eleventh Circuit (Florida): No Bad Faith for Investigating Claim

Cozen O'Connor on

On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory for GEICO, finding that no reasonable jury could conclude that GEICO had...more

White and Williams LLP

Middle District of Florida Court Rejects Claim that Negligence is Sufficient to Support a Finding of Bad Faith

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In Florida, an insurer is required to “settle, if possible, where a reasonably prudent person, faced with the prospect of paying the total recovery, would do so[.]” Harvey v. GEICO General Insurance Company, 259 So.3d 1 (Fla....more

Butler Weihmuller Katz Craig LLP

Personal Injury Protection Coverage: A Thing Of The Past In Florida?

Personal Injury Protection (PIP) coverage was first enacted in Florida in 1971.  PIP is also known as no-fault insurance, and it allows drivers and passengers to obtain insurance benefits for medical treatment and wage loss,...more

Cozen O'Connor

A Jury Must Find An Insurer Acted Unreasonably In Order To Find Bad Faith Failure to Settle

Cozen O'Connor on

On March 8, 2021 the California Court of Appeal, reversing a $10 million verdict against Farmers, found that a jury must specifically find unreasonable acts by an insurer to support a “failure to settle” bad faith...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Intrusion/Mold: Lessee Files Action Alleging Breach of Lease in Crittenden County, Arkansas Circuit Court

uby Evans (“Plaintiff”) filed a Complaint on November 19th against United Apartment Group Management, Incorporated (“Defendant”) alleging certain causes of action related to the leasing of an apartment. See CV2020-623. The...more

White and Williams LLP

Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions

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Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S....more

Bricker Graydon LLP

Potential liability and defenses related to COVID-19 for public educational institutions

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With the 2020-2021 school year about to begin, some consideration needs to be given by public educa­tional institutions to potential liability. Summarized in this article are some of the potential claims that may be asserted...more

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