Law News

Florida Legislature Once Again Considers Amendment To Civil Remedies Against Insurers Statute

A bill is pending before the Florida Senate that would amend Section 624.155, Florida Statutes, providing for civil remedies against insurers (“statutory bad faith”). While seemingly not as drastic as amendments proposed in the past, it does seek to subject common-law bad faith claims to its provisions, and requires that Civil Remedy Notices (“CRNs”) be […]

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CMS announces Notice of Proposed Rulemaking for MSAs in liability settlements

On June 15, 2012 the Center for Medicare and Medicaid Services (CMS) published Advanced Notice of Proposed Rulemaking in the Federal Register seeking comment on several proposed options under consideration to protect Medicare’s interest under Medicare Secondary Payer (MSP) claims that involve automobile and liability insurance (including self insurance) and no-fault insurance. Citing to the […]

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Florida Intermediate Appellate Court Affirms Summary Judgment In Bad Faith Failure To Settle Case; Aligns With Federal Courts On Bad Faith “Set ups”

In Goheagan v. American Vehicle Ins. Co., ___ So. 3d ___, 37 Fla. L. Weekly D1388a (Fla. 4th DCA Jun. 13, 2012), the Fourth District upheld a summary judgment in a third-party common law bad faith case premised on an insurer’s alleged failure to settle. The claimant’s decedent was rendered in a coma, from which she never recovered, in a February 24, 2007 vehicular accident. She died on May 12, 2007.

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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 […]

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FLORIDA 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 […]

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Eleventh 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 […]

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Florida 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 […]

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Middle 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 […]

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