News & Analysis as of

Florida Insurance Litigation Auto Insurance

Marshall Dennehey

Appeals Court Upholds Sovereign Immunity, Dismisses PIP Reimbursement Suit Against School Board

Marshall Dennehey on

School Board of Marion County v. State Farm Mutual Automobile Insurance Company, 397 So. 3d 248 (Fla. 5th DCA Nov. 21, 2024) - An insurance carrier sought reimbursement for PIP benefits paid following a school bus accident,...more

Searcy Denney Scarola Barnhart & Shipley

How Florida’s No-Fault Insurance System Affects Your Accident Claim

Florida’s “no-fault” insurance laws provide certain protections, but in the process, they create a lot of confusion. Even worse, the no-fault system can limit your ability to seek compensation after a car accident. To fully...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Pre-Existing Injuries on Auto Accident Claims in Florida

If you were injured in an auto accident in Florida, you are entitled to just compensation for your injuries. But, what if you also have pre-existing injuries from before the crash? While this can complicate the process of...more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know After a Car Accident in Florida

Dealing with the aftermath of a car accident is never easy. Even when you are involved in a minor fender-bender, dealing with the insurance companies and getting your car repaired can be a painful and difficult process. But,...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

Rumberger | Kirk

Florida Car Accident Lawsuits: How to Apply the Brakes on Plaintiffs

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Looking for the Most Generous County - When a Canadian is sued in Florida, moving the case from the Florida state court system to the U.S. federal court system usually is a good move for the defense. But sometimes, making...more

Searcy Denney Scarola Barnhart & Shipley

Florida Uninsured Motorist Coverage: Stacked vs. Unstacked

Uninsured motorist (UM) coverage is a component of an auto insurance policy that provides coverage for you, the policyholder, when you are involved in an accident with someone who does not have insurance. Underinsured...more

Rumberger | Kirk

Nuts and Bolts of Florida’s Seatbelt Defense

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Florida is a popular destination for vacations and second homes.  When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt.  To prevail on the seatbelt...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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