Category Archives: Insurance Defense
How “Choice Of Law” Affected A Judge’s Interpretation Of A Boating Insurance Policy
When interpreting an insurance policy, the choice of law will often determine how a court will enforce that policy’s terms. In this context, choice of law refers to which state’s laws govern the policy. Or in some cases, whether federal law may also apply. A recent decision from a federal judge here in Florida,… Read More »
Florida Appellate Decisions Push Bad Faith Standard & Raise Concerns
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 »
Study Finds That Third-Party Bad-Faith Insurance Claims Are Somewhat Out of Control in Florida
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 »
Insurers & Coblentz Agreements In Florida
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 »
Hurricane Irma Powers More And More Insurance Claim Denial Lawsuits Against Insurers
According to recent reports, the top 20 property insurers in Florida were served with more than 10,000 lawsuits over hurricane Irma claim denials just between January and March, reflecting a more than 61 percent increase from last year. Universal Property & Casualty Co.—Florida’s largest insurer—noted that the company has received close to 80,000 Hurricane… Read More »
Flood Claims Likely Biggest Headache For Florida Hurricane Victims
When it comes to hurricane claims, the last thing that any Floridian wants to hear is that their claim has been denied. And yet that is the case for many in our state, especially when it comes to flood claims. In fact, according to statements made by the Federal Emergency Management Agency (FEMA) in… Read More »
Important Eleventh Circuit Insurance Bad Faith Decision
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 »
11th Circuit Sides with Geico in Insurance Bad Faith Claim
Recently, the 11th Circuit Court of Appeals upheld a ruling in support of an insurance company, clarifying the importance of what evidence is required in order to prove that a claimant has suffered from a permanent injury. The bad faith case filed in the Middle District of Florida involved an insurance claim originally filed… Read More »
Serial Claimants Exploit the Americans with Disabilities Act (“ADA”) and Cripple Florida Businesses
According to a recent news investigation, a law designed to help give the disabled access in the state of Florida is potentially being used for abusive reasons. Specifically, one man in particular has allegedly filed more than 1,000 lawsuits against local Florida businesses for supposedly violating the Americans with Disabilities Act (ADA), without even… Read More »
Survey Shows That Americans Know Very Little About Insurance Policies
A new survey conducted by PolicyGenius reveals that while many Americans may believe that they understand their insurance policies, in fact, they do not, resulting in the mistaken belief that they are often the victims of bad faith insurance decisions. Unfortunately, this mistake could end up costing policyholders a fortune: Not only did the… Read More »
