Date archive: August 2015

Florida Merges Third-Party and First Party Bad Faith Discovery Rules

Summary: Maharaj filed a third-party bad faith claim against GEICO on behalf of her son after GEICO insisted that Maharaj sign a release that included objectionable indemnification and property damage clauses to conclude the settlement. After removing the bad faith case to federal court, a discovery dispute arose. The Magistrate Judge partially granted Maharaj’s Motion…

Insured’s Material Misrepresentations/Concealments Sink Maritime Insurance Coverage

Summary: Markel American Insurance Company filed a declaratory judgment action alleging the maritime insurance policy it issued to Veras should be declared void ab initio. The District Judge agreed with the Magistrate Judge’s recommendations that the doctrine of uberrima fides governs this case, that Veras’ misrepresentations and concealments violated his duty of utmost good faith,…

Reasonable Conduct Barred Arizona Bad Faith Claim

Summary: Boesel brought action against State Farm claiming bad faith when the insurer denied his claim for coverage. The District Court granted summary judgment finding Boesel failed to raise a genuine issue of material fact. The Ninth Circuit Court of Appeals affirmed. Boesel v. State Farm Fire & Cas. Ins. Co. Boesel, a State Farm…

Tall Task to Prove Excess Insurer Breached its Duties to Insured

Summary: Kevin Fox won a $15.5 million jury verdict (including $6.2 million in punitive damages) against Will County detectives. After the verdict, the parties agreed to a settlement in which Fox was assigned any claims the detectives had against the county’s insurance companies. Fox filed this suit seeking a declaratory judgment that AAIC, the insurer,…

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