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Category Archives: Insurance Bad Faith

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Businesses Gear Up for Wave of Insurance Bad Faith Litigation Over Coronavirus-Related Claims

By HD Law Partners |

The issue of the coronavirus potentially causing business losses and a number of U.S. companies thinking that their insurance policies cover this loss of revenue due to the outbreak will likely be a significant source of insurance bad faith litigation as we face more and more losses due to the virus. According to the… Read More »

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Jury Awards RV Owner Almost $8.5 Million, Most of Which Is Punitive Damages, After Insurance Company Denies Claim

By HD Law Partners |

In February, a jury awarded one plaintiff almost $8.5 million verdict, which included eight million dollars in punitive damages, as a result of an insurance bad faith litigation claim brought against insurance company National General. The case is one that all insurance companies should be aware of in terms of what it means to… Read More »

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Appellate Court Sets New Precedent for Bad Faith Insurance Claims

By HD Law Partners |

An important insurance bad faith decision out of a New York appellate court clarifies important Court of Appeals precedent regarding the bad faith pleading standard, while also clarifying a number of issues that the courts have never addressed, including consequential losses and attorney’s fees.   Even though decided in New York courts, this is… Read More »

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Florida Appellate Decisions Push Bad Faith Standard & Raise Concerns

By HD Law Partners |

The longstanding standard of what constitutes bad faith in Florida was determined by the Florida Supreme Court almost 40 years ago. The Court determined that an insurer has a duty to use the same degree of care and diligence as someone “of ordinary care and prudence.” Insurers must investigate the facts, give fair consideration… Read More »

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Study Finds That Third-Party Bad-Faith Insurance Claims Are Somewhat Out of Control in Florida

By HD Law Partners |

According to a new study, Florida’s third-party bad-faith legal environment increases claim costs for every insured vehicle by an average of $106 per claim, or a total of more than $7 billion in additional claim costs over more than a decade. According to some experts, most of these costs can reportedly be attributed to… Read More »

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Insurers & Coblentz Agreements In Florida

By HD Law Partners |

While there are frequently insurance disputes over coverage, damages, or liability – sometimes claims alleging insurance bad faith or plaintiffs seeking extra-contractual liability – there is no comprehensive definition of “good faith” in Florida; therefore, the full extent of what a “showing of good faith” means remains unresolved when it comes to liability insurers… Read More »

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Eleventh Circuit Upholds Strict Standard For Finding Insurance Bad Faith Behavior

By HD Law Partners |

The U.S. Eleventh Circuit Court of Appeals (covering Florida) recently made a decision helpful to insurance companies fighting insurance bad faith claims. Specifically, the court held that no reasonable jury could find that an insurer’s failure to disclose information about additional insurance in its statutory insurance disclosure rose to the level of bad faith…. Read More »

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Important Eleventh Circuit Insurance Bad Faith Decision

By HD Law Partners |

The U.S. Court of Appeals for the Eleventh Circuit (which covers Florida) recently reversed an important lower Florida court’s decision which awarded an insurance bad faith plaintiff (Bottini) $30 million in a case involving uninsured/underinsured motorist breach of contract claims. The vehicle involved in the accident at the heart of the claim had been… Read More »

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