News & Analysis as of

Bad Faith Insurance Industry Car Accident

Akerman LLP

Abracadabra – How a Stalking Bill Magically Turned into Revisions to a Georgia Settlement Statute

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In Georgia’s recent Legislative Session, Senate Bill 83 started off addressing the eligibility for restraining orders related to stalking, but there must have been some magic pixie dust floating around the House Committee...more

Steptoe & Johnson PLLC

Fourth Circuit Reaffirms Necessary Prerequisites for Claiming Hayseeds Damages and Offers Guidance on Admissibility of Experts

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On June 5, the United States Circuit Court of Appeals for the Fourth Circuit issued an unpublished opinion that provides a blueprint to insurance companies for handling bad faith claims. The Fourth Circuit held in Sellman v....more

Presley & Presley

No Settlement Opportunity, No Problem

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The vast majority of extra-contractual/bad faith cases involve a carrier’s failure to secure a release of an insured by accepting a reasonable settlement opportunity within the policy limits. The absence of a reasonable...more

Cozen O'Connor

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

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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

Kennedys

Newly signed bill opens the door for bad faith suits against auto insurers providing UM and UIM benefits

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On January 19, 2022, New Jersey’s Governor, Phil Murphy, passed S.B. 1559 into law, referred to as the New Jersey Insurance Fair Conduct Act (“IFCA”). The IFCA creates a private cause of action for injured motorists to sue...more

Butler Weihmuller Katz Craig LLP

Good Faith: Plaintiffs’ Complaints About Release Held Invalid

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

Rumberger | Kirk

11th Circuit Reaffirms Insurers Can Still Prevail as a Matter of Law in Post-Harvey v. Geico Landscape

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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

Sheppard Mullin Richter & Hampton LLP

Insurer Entitled to Arbitrate Disputed UIM Claim Before Insured Could Pursue Bad Faith Action

Brett McIsaac v. Foremost Insurance Company Grand Rapids, Michigan, A160389 (Sonoma County Super. Ct. No. SCV-265433) (Filed 4/30/21; certified for publication 5/19/21) - McIsaac had an auto insurance policy with Foremost...more

White and Williams LLP

Eleventh Circuit Finds No Bad Faith Where Insurer Failed to Provide “Mirror-Image” Response to Claimant’s Demand

In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more

Carlton Fields

Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute

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The Minnesota Supreme Court in the matter of Alison Joel Peterson v. Western National Mutual Insurance Company, 946 N.W.2d 903 (Minn. 2020) opined for the first time on the state’s bad faith statute (Minn. Stat. § 604.18) and...more

White and Williams LLP

Despite No Privity of Contract, Indiana Appellate Court Holds Additional Insured with UIM Claim May Sue for Bad Faith

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Your friend invites you out to dinner. She offers to pick you up since your house is on the way. As you head toward the restaurant, your friend’s car is sideswiped by a driver who blew through a red light. You are seriously...more

Baker Donelson

Georgia Federal Court Finds No Bad Faith in Dilemma-Laden Holt Demand

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In Kemper v. Equity Insurance (No .1:15-cv-02961-MLB, N.D.Ga. July 8, 2019), recently appointed federal judge Michael Brown rejected plaintiff Amy Kemper's attempt to assert a bad faith claim against Equity Insurance Company....more

Saul Ewing LLP

Constrained By Rule 12(B)(6), South Carolina District Court Denies Insurer’s Motion to Dismiss Insured’s Breach of Contract and...

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Skinner v. Horace Mann Ins. Co., No. 4:18-CV-00922-RBH, 2019 WL 935243 (D.S.C. Feb. 26, 2019) - Plaintiff Annie Skinner (Skinner) allegedly suffered severe injuries and extensive property damage as a result of a February...more

Cozen O'Connor

Georgia: No Bad Faith Trap Where a Policy Limits Demand Lacked a Response Deadline

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On March 11, 2019, the Georgia Supreme Court provided a victory for insurers when it found that an insurer did not act in bad faith by failing to accept a policy limits demand that lacked a deadline to respond and was...more

Saul Ewing LLP

Georgia Supreme Court Limits Insurers’ Potential Bad Faith Exposure Related to Settlement Discussions

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Rejecting insurance bad faith claims based on an insurer’s handling of settlement discussions, the Georgia Supreme Court has ruled that "an insurer’s duty to settle arises only when the injured party presents a valid offer to...more

Payne & Fears

Victory for Policyholders - An Insurer's Breach of the Duty to Defend Opens Up Policy Limits

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Insurance companies can no longer breach the duty to defend believing that, as long as they act in good faith, their potential liability is capped at policy limits or any costs incurred by the insured in mounting a defense....more

Cozen O'Connor

The Florida Supreme Court Pushes Florida Bad Faith Standard Closer to Negligence in Harvey v. GEICO Decision

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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

White and Williams LLP

A Divided Florida Supreme Court Drastically Expands Liability for Bad Faith Claims

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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

Saul Ewing LLP

District of Idaho Grants Summary Judgment for Insurer on Bad Faith Claim Where Insured's Claim for Policy Benefits Was "Fairly...

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Becca Franco was involved in a car accident in 2015. Franco submitted a claim to her insurer, State Farm, for underinsured motor vehicle and medical payment benefits. Sixteen months later, Franco filed suit against State...more

Saul Ewing LLP

Western District of Pennsylvania Denies Cross-Motions for Summary Judgment Where Disputed Facts Exist on Claims of a "Low-Ball"...

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After Melissa Parisi sustained injuries in a vehicle collision and learned that the other motorist involved in the crash carried only $15,000 in auto insurance, she submitted an underinsured motorist (UIM) claim to State...more

Troutman Pepper

Pa. Superior Court Vacates Bad-Faith Insurance Verdict, Cautioning Against Industrywide Condemnations

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In a highly anticipated decision, the Pennsylvania Superior Court vacated an eyebrow-raising $21 million award for an auto policyholder and found that the insurer did not act in bad faith....more

Carlton Fields

Dot The I’s And Cross The T’s: The Importance Of Clarity In Claim Communications And The Availability Of Punitive Damages For An...

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The Georgia Court of Appeals recently made waves in Hughes v. First Acceptance Insurance Company of Georgia, Inc., 343 Ga. App. 693 (2017). First, it aggrandized the role of a jury in determining the existence of an offer to...more

Saul Ewing LLP

Northern District of Illinois Denies Summary Judgment for Insurer on Bad Faith Claim Where Disputed Facts Exist as to Insurer’s...

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Following a fatal vehicle accident in 2008, a group of plaintiffs brought suit against Venture One, Inc., the owner of a truck involved in the accident. After several unsuccessful attempts to settle the matter with Venture...more

Butler Weihmuller Katz Craig LLP

Butler Wins Dismissal of a First-Party Bad-Faith Claim Involving a Civil Remedy Notice That Listed a Different Household Policy

In Florida, an insured cannot bring a first-party bad faith claim based on a claim for UM coverage unless the insured first files a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. In Mathurin v....more

Saul Ewing LLP

Western District of Washington Looks to When Claim for Coverage Was First Denied in Dismissing Bad Faith Claim As Untimely

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Plaintiff Mary Coppinger was injured in 2010 when her vehicle was rear-ended by Daniel Klein. Both Ms. Coppinger and Mr. Klein were insured through Defendant Allstate. Mr. Klein had a $50,000 policy limit; Ms. Coppinger had...more

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