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Bad Faith Summary Judgment Car Accident

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

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

Eleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand Florida’s Bad Faith “Excess Judgment Rule” to Include...

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In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners...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...

Saul Ewing LLP on

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

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...

Carlton Fields on

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...

Saul Ewing LLP on

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

Cozen O'Connor

Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy...

Cozen O'Connor on

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more

Pullman & Comley, LLC

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

Pullman & Comley, LLC on

2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

Saul Ewing LLP

Bad Faith Sentinel - September 2015

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Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

Cozen O'Connor

Eleventh Circuit Finds No Bad Faith in Multiple-Claimant Claims-Handing Situation

Cozen O'Connor on

In a new decision, Mesa v. Clarendon National Ins. Co., 2015 WL 5059496, 2015 U.S. App. LEXIS 15203 (11th Cir., Aug. 28, 2015), the Court of Appeals found that the insurer’s claims-handling of multiple claimants did not rise...more

Saul Ewing Arnstein & Lehr LLP

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages...

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not...more

Saul Ewing Arnstein & Lehr LLP

Middle District of Pennsylvania: Mere Delay Does Not Constitute Bad Faith

Shaffer v. State Farm Mut. Auto. Ins. Co., No. 1:13-CV-01837, 2014 WL 5325340 (M.D. Pa. Oct. 20, 2014). Court grants summary judgment to insurer where lengthy investigation was required to determine causation for UIM...more

Saul Ewing Arnstein & Lehr LLP

Florida Court Of Appeals: Insured Who Settled Claim For UM Benefits Still Allowed To Add Bad Faith Claim Against Insurer In The...

Safeco Ins. Co. of Illinois v. Rader, No. 1D13-2659, 2014 WL 660204 (Fla. Dist. Ct. App. Feb. 21, 2014). After entry of partial summary judgment on UM claim, insured successfully moved to amend his complaint to add a...more

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