Law News
Florida House Committee Nixes Insurer Bad Faith Reform
On January 26, 2012, the Florida House of Representatives Civil Justice Subcommittee, in an 8-7 vote, killed HB 427, which would have amended section 624.155, Florida Statutes, dealing with insurer bad faith. The Senate version of the bill, SB 1224, has not yet been acted on by any committees, but it appears likely that, at [...]
Read more2012 FLORIDA HOUSE BILL PROPOSES AMENDMENTS TO INSURER BAD FAITH STATUTE
A bill introduced into the Florida House of Representatives on October 20, 2012 proposes changes to the state’s insurer bad faith law that are far less sweeping than those advanced in 2011 by HB 1187 and SB 1592, both of which encountered solid opposition and failed to pass. 2012 HB 0427 seeks to amend section [...]
Read moreFLORIDA LEGISLATURE PROPOSES DRASTIC CHANGES TO INSURER BAD FAITH
By Daniel P. Mitchell, Board Certified Civil Trial Lawyer Two bills currently pending before the Florida Senate and House of Representatives portend drastic changes to Florida law pertaining to both first-party and third-party insurer bad faith. The two bills, introduced near the start of the 2011 legislative session, are identical, and may be viewed at [...]
Read moreFlorida Supreme Court confirms that attorney/client privilege is still applicable in first-party bad faith actions
In Genovese v. Provident Life and Accident Ins. Co., ___ So. 2d ___, 36 FLW S97a (Fla. March 17, 2011), the Florida Supreme Court approved the holdings in Liberty Mutual Fire Ins. Co. v. Bennett, 939 So. 2d 1113 (Fla. 4th DCA 2006) and XL Specialty Ins. Co. v. Aircraft Holdings, LLC, 929 So. 2d [...]
Read moreEleventh Circuit Opinion Seems To Place Important Limitations On Insured’s Ability Under Florida Law To Reject Insurer’s Conditional Defense And Enter Into Coblentz Agreement
By Daniel P. Mitchell, Board Certified Civil Trial Lawyer On March 29, 2010, the United States Court of Appeals for the Eleventh Circuit issued an opinion that may have far-reaching implications on Florida law pertaining to an insurer’s responsibility to pay consent judgments entered into by insureds in situations where the insureds have rejected defenses [...]
Read moreFlorida District Court of Appeal Restricts UM Insurer’s Ability to Limit Evidence of Insured’s Medical Special Damages To Amounts Paid by Private Health Insurer
In Nationwide Mutual Fire Ins. Co. v. Harrell, ___ So. 3d ___, 35 Fla. L. Weekly D2873a (Fla. 1st DCA Dec. 21, 2010), the court held that the insured, in an action against her uninsured motorist insurer, was entitled to submit to the jury the gross amount of her medical bills, instead of the lesser [...]
Read moreMiddle District Slams Bad Faith “Set-ups”
In Noonan v. Vermont Mutual Ins. Co., ___ F. Supp. 2d ___, (M.D. Fla. Slip Op. Case No. 6:10-cv-512-Orl-31KRS Nov. 15, 2010), Judge Gregory Presnell of the Middle District granted summary judgment to an excess insurer that did not tender its policy limit until almost 11 months after the serious bodily injury giving rise to [...]
Read moreSouthern District of Florida holds that material fact issues precluded summary judgment for insurer in bad faith case
By Daniel P. Mitchell, Board Certified Civil Trial Lawyer In Tolz v. GeicoGeneral Insurance Company, ___ F. Supp. 2d ___, 22 Fla. L. Weekly Fed. D221a (S.D. Fla. Jan. 19, 2010), the U.S. District Court held that material fact issues regarding when the insurer knew that its insured may be liable for the underlying vehicular [...]
Read moreFlorida Supreme Court Attaches Causation Requirement to Cause of Action for Insurer Bad Faith
By Daniel P. Mitchell, Board Certified Civil Trial Lawyer In Perera v. U.S. Fidelity and Guaranty Co.,35 So. 3d 893 (Fla. 2010), the Florida Supreme Court, answering a certified question from the 11th Circuit Court of Appeals, held that an insurer’s bad faith must cause damage to the insured, or expose the insured to liability [...]
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