News & Analysis as of

GEICO

Massachusetts Court Holds No E&O Coverage for Medical Provider’s Alleged Billing Fraud

In its recent decision in Barron v. NCMIC Ins. Co., 2018 U.S. Dist. LEXIS 75512 (D. Mass. May 4, 2018), the United States District Court for the District of Massachusetts had occasion to consider whether billing practices...more

New York Federal Court Curbs 30(B)(6) Topics And Quashes Non-Party Seeking The Same Testimony

by Carlton Fields on

Defendants wanted to examine GEICO’s Rule 30(b)(6) witness about GEICO’s special investigation unit practices, protocols and guidelines, as well as its resources and procedures devoted to claim verification and fraud...more

Branch v. GEICO: The Convergence Of Class Certification And Article III Standing

by Seyfarth Shaw LLP on

On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more

Employers Prevail in FCRA Class Actions

by Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

Eleventh Circuit Holds Insurer Not Liable for Defense Counsel’s Malpractice

In its recent decision in Kapral v. GEICO Indemnity Co., 2018 U.S. App. LEXIS 1937 (11th Cir. Jan. 23, 2018), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider under...more

Jones, Skelton & Hochuli Partners Sandy Gerber and Josh Snell Obtain Unanimous Defense Verdict

Plaintiffs Tyler Newton and Kalynn Palimsano insured their 2007 Chrysler Pacifica with our client, Defendant GEICO Automobile Insurance. On January 6, 2014, Plaintiff Kalynn Palmisano was driving the Pacifica when the engine...more

Ninth Circuit Issues Mixed-Bag Decision On Punitive Damages In Insurance Bad-Faith Case

The Ninth Circuit recently issued an unpublished memorandum opinion reducing a $2.5 million punitive award against GEICO to $1,064,282.44—four times the compensatory damages—in a Montana insurance bad-faith case. When it...more

An Insurance Contract is Still a Contract - And How That Impacts Voluntary PIP Coverage

by Nexsen Pruet, PLLC on

In two recent opinions, the SC Court of Appeals reminded readers that parties are free to contract as they see fit, as long as the contract provisions at issue are not contrary to public policy or a statutory prohibition. It...more

UIM Claims – Still No Bad Faith for Refusal to Settle, But….

by Nexsen Pruet, PLLC on

South Carolina has never recognized a bad faith cause of action based upon the failure of an underinsured (UIM) carrier to settle a UIM claim. Maintaining the established precedent, the United States District Court recently...more

To Fee Or Not To Fee, That Is The Question: The Florida Supreme Court Finds Coverage For Proposal For Settlement Sanctions In...

To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy road, but understanding what brought us here will be critical in order to understanding how to go...more

Bottini v. GEICO: Parties to Bad Faith Action Not Bound by $30.8 million-dollar Verdict Without Appellate Review

For years, when a bad faith action was brought pursuant to a jury verdict in excess of policy limits in the underlying UM claim, everyone assumed the jury verdict was binding in the bad faith action. Then, Bottini v. GEICO...more

Insured May Bear the Consequences of Insurer’s Negligence

For decades, California courts have mandated that an insurer is obligated to accept a “reasonable” settlement demand within policy limits on behalf of its insured. If it fails to do so, it is liable for the entire judgment,...more

Virginia Supreme Court Rules on UM Carriers’ Duty to Settle Prior to Judgment

by Sands Anderson PC on

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

Ninth Circuit Reverses Insured’s Summary Judgment Win Concluding that Insurer’s Negligence is Insufficient to Breach Implied Duty...

McDaniel v. Govt. Empls. Ins. Co., No. 14-17203, 2017 WL 892516 (9th Cir. Mar. 7, 2017) - On cross-motions for summary judgment, the District Court for the Eastern District of California ruled in favor of Amy McDaniel,...more

Insurance Coverage – Exclusion for Vehicles “Normally Made Available”

by Low, Ball & Lynch on

Purchasing optional liability coverage for employees’ foreseeable personal use of company vehicles can prevent your employees from being financially at risk. Javier Medina v. Geico Indemnity Company ...more

Alaska Creates Exception to General Rule that Injured Party Cannot Sue Insured’s Carrier

by Cozen O'Connor on

The Supreme Court of Alaska in Burnett v. Government Employees Insurance Company, 2017 WL 382648 (Alaska 2017) recently decided in a 3-2 decision that an insurer who voluntarily assumed the responsibility for cleaning up an...more

Court Finds Customary Use of Work Van for Personal Purposes is Regular Use and Not Covered Under Employee’s Personal Auto Policy

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

Court Of Chancery Rejects Jurisdiction Based On Contract Interpretation

by Morris James LLP on

As this decision explains, the Court of Chancery will not have jurisdiction based on the claim an injunction is needed to force a defendant to comply with the proper interpretation of a contract....more

Florida Appellate Court Rejects Jury’s Bad Faith Verdict

by Carlton Fields on

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

Florida 4th DCA Reiterates Insurers Negligence Not Enough to Sustain Bad Faith Claim

by Rumberger Kirk & Caldwell on

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

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

by Carlton Fields on

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

Court Of Chancery Explains Law Of Issue Preclusion In Arbitration

by Morris James LLP on

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

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

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

Where Does a Third Party “Stand” on Liens?

Dion v. William Robert Batten, Sr. (8/2/16) Facts and Procedural History: Plaintiff was employed by Neuwirth as a servicing agent. In the course and scope of his employment with Neuwirth, he was involved in a car...more

Not Seeing Double: In Reversal, New York Court Holds That Third-Party Liability Payments May Not Offset UIM Benefits

by Carlton Fields on

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

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