A recent Ninth Circuit decision highlights the importance of the defendant clearly pleading the basis for alleging the amount in controversy in a notice of removal under the Class Action Fairness Act (CAFA). In this case,...more
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
The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v....more
On June 1, 2021, theEleventh Circuit Court of Appeals affirmed a summary judgment granted in favor of an insurer in a third party bad faith claim. The case, Eres v. Progressive American Insurance Company, Case No. 20-11006,...more
The U.S. Court of Appeals for the Eleventh Circuit recently closed the book on litigation in which GEICO had been involved since 2010, holding that the granting of a retrial—which resulted in a GEICO victory after an initial...more
The Florida Supreme Court recently decided Harvey v. GEICO Gen. Ins. Co., No. SC17-85, 2018 WL 4496566, at *1 (Fla. Sept. 20, 2018), an important case setting forth what many will try to argue has lessened the standard for...more
In a highly anticipated decision, a sharply divided Florida Supreme Court reversed the decision of the state’s Fourth District Court of Appeal and reinstated a jury’s $9.2 million verdict against GEICO for the insurer’s...more
Recently, in Ebenezer Manu v. GEICO Casualty Company, the Supreme Court of Virginia clarified the issue of when an insurance provider has a duty to offer a good faith settlement to its insured when the accident was the fault...more
In Medina v. GEICO Indemnity (No. F072548, filed 2/8/17), a California appeals court ruled that a work van admittedly furnished to an employee for both business and personal purposes, being used for personal purposes at the...more
It feels like a black swan event: last month, in GEICO Gen. Ins. Co. v. Harvey, No. 4D15-2724 (Fla. Ct. App. Jan. 4, 2017), a Florida appellate panel unanimously overturned a jury verdict, on the ground that the plaintiff’s...more
Directs Judgment to be Entered in Favor of Insurer - In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida’s Fourth District Court of Appeal held that the trial court erred in denying the insurer’s motion for directed...more
In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more
This decision addresses issues that may arise when there are successive arbitrations involving the same basic set of facts, if different parties. It concludes that when engaging in the limited judicial review which asks...more
On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more
In New York, uninsured/underinsured motorist coverage “does not function … to fully compensate … insureds for their injuries.” Weiss v. Tri-State Consumer Ins. Co., 98 A.D.3d 1107, 951 N.Y.S.2d 191 (2d Dep’t 2012). UIM...more
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
In This Issue: - Southern District of California Denies Motion to Dismiss Bad Faith Claim in Homeowners Policy Dispute - Northern District of Indiana: No Bad Faith Where Insurer Has a Rational Basis for its...more
Cadle v. Geico Gen. Ins. Co., No. 6:13-CV-1591-ORL-31G, 2014 WL 4983746 (M.D. Fla. Oct. 6, 2014). Middle District of Florida finds that insured’s bad faith claim for first-party failure to settle could not properly be...more