Category archive: Florida

Florida Consent Judgment Was Negotiated in Bad Faith

Summary: The Eleventh Circuit considered whether the insurer was bound by a settlement agreement between a homeowner’s association insured and a homeowner, settling the homeowner’s claim for attorneys’ fees by stipulating the homeowner would not enforce the resulting consent judgment against the homeowner’s association. The Eleventh Circuit found these Florida Coblentz Agreements unenforceable against insurers…

Eleventh Circuit Sorts Out “Mess” Involving Consent To Settle and Florida Sovereign Immunity Statute

Summary: The insured, a county in Florida, and personal representative of deceased accident victim’s estate brought a declaratory judgment action against the County’s excess insurer seeking a declaration the County was allowed to settle the personal representative’s underlying wrongful death claim without the excess insurer’s consent and without the Florida legislature passing a special claims…

No Bad Faith If Insurer Refuses To Allow Excess Judgment To Be Entered Against Its Insured

Franklin Kropilak was badly injured when Collins made a left hand turn in front of his motorcycle. The insured was cited by a police officer just after the accident. 21st Century had the police report within in one week and within in two weeks knew that the hospital lien was $33,888. The policy for Collins…

Florida Jury’s Verdict 130 Times the Policy Limits, But No Bad Faith

Summary: Liberty Insurance insured Lisa Mottsey had loaned her car to her daughter who in turn let her boyfriend drive. While driving down a county road Mottsey’s car was passed by Zisa driving at a “reasonable speed.” Zisa struck three pedestrians walking side-by-side down a dark county road wearing dark clothes without any illumination resulting…

Jury Must Resolve Credibility Issues Controlling Florida Bad Faith Claims

Summary: In Moore, the Eleventh Circuit reversed the district court’s grant of summary judgment in GEICO’s favor. GEICO’s failure to submit an affidavit and detailed release requested by claimant’s counsel created an issue of material fact regarding its alleged bad faith conduct, precluding summary judgment. Moore v. GEICO Gen. Ins. Co. Moore, GEICO’s insured, was…

Florida Insurer Required to Produce Its Attorneys’ Time and Billing Records to Prevailing Bad Faith Claim Insured

Summary: Kelly Paton was injured when her vehicle was struck by an underinsured driver (“UIM”). At the time, Paton was covered by an insurance policy issued by GEICO. GEICO failed to pay the full amount due under the UIM provision and Paton filed suit. Paton obtained a jury verdict in her favor on a breach…

Judge’s Pre-Election Conduct Settling PIP and Bad Faith Claims Warranted Removal from Office

Summary: The Supreme Court of Florida approved the Florida Judicial Qualifications Commission’s (“Commission”) Findings and Recommendations that a trial judge’s pre-election violations of professional ethics rules warranted her removal from office. As an attorney, Laura M. Watson entered into a complex agreement with a group of attorneys who were going to assert personal injury protection…

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…

Hands Off My Claims File!!! (At Least in Florida)

In a first-party insurance dispute, a Florida trial court entered a discovery order compelling disclosure to the insured of portions of the insurer’s claim file.  The Florida Appellate Court reversed the trial court’s order, finding error in compelling disclosure of the insurer’s claim file because the coverage issue was still in dispute. Discovery Dispute in…

No Settlement Check – No Problem: Florida Appellate Court Affirms Summary Judgment in Favor of Insurer in Bad Faith Case

Summary: Automobile insured brought action against insurer for common law bad faith after $2.8 million judgment was entered against insured in wrongful death action.  Trial court entered summary judgment in favor of insurer.  The Court of Appeals affirmed summary judgment holding that the insurer did not act in bad faith by failing to tender offer of…

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