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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James Murman

James A. Murman

Born in 1945, James A. Murman was admitted to the Florida Bar in 1974. He is a graduate of the University of Tennessee where he was a member of Phi Alpha Delta. Mr. Murman is a member of the Hillsborough County Bar Association, The Florida Bar, The Florida Defense Lawyers Association, the American Board of […]

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Michael A. Tonelli

Born in Chicago Illinois in 1948, Michael A. Tonelli was admitted to the Florida Bar in 1975. Mr. Tonelli is a graduate of the University of Tampa and Stetson University School of Law. He is a member of the Hillsborough County Bar Association, The Florida Bar, The American Bar Association, the American Board of Trial […]

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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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