News & Analysis as of

Bad Faith Auto Insurance Florida

Searcy Denney Scarola Barnhart & Shipley

3 Key Issues for Florida Car Accident Victims: “No Fault” Insurance, Bad-Faith Insurance Practices and Partial Fault

When you get injured in a car accident, your legal rights are determined by Florida law. Due to some unique aspects of Florida law, understanding your legal rights is often easier said than done. With that said, understanding...more

Butler Weihmuller Katz Craig LLP

Attorney’s Fees as an Element Damages in an Uninsured Motorist Bad Faith Lawsuit Make the Plaintiff Whole, not His or Her...

A plaintiff cannot recover attorney’s fees in a Florida lawsuit for Uninsured Motorist (“UM”) benefits unless there is a dispute about whether the insurance policy provides coverage.  However, attorney’s fees from the...more

Butler Weihmuller Katz Craig LLP

Personal Injury Protection Coverage: A Thing Of The Past In Florida?

Personal Injury Protection (PIP) coverage was first enacted in Florida in 1971.  PIP is also known as no-fault insurance, and it allows drivers and passengers to obtain insurance benefits for medical treatment and wage loss,...more

Carlton Fields

Florida Appellate Court Rejects Jury’s Bad Faith Verdict

Carlton Fields on

It feels like a black swan event: last month, in GEICO Gen. Ins. Co. v. Harvey, No. 4D15-2724 (Fla. Ct. App. Jan. 4, 2017), a Florida appellate panel unanimously overturned a jury verdict, on the ground that the plaintiff’s...more

Rumberger | Kirk

Florida 4th DCA Reiterates Insurers Negligence Not Enough to Sustain Bad Faith Claim

Rumberger | Kirk on

Directs Judgment to be Entered in Favor of Insurer - In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida’s Fourth District Court of Appeal held that the trial court erred in denying the insurer’s motion for directed...more

Carlton Fields

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

Carlton Fields on

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

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