Margo Meta | The Policyholder Report | September 27, 2018 Last week, a divided Florida Supreme Court strengthened policyholders’ bad-faith claims against insurers by overturning an appellate court’s decision, finding that the lower court had misapplied Florida’s well-established bad-faith precedent and had relied on inapplicable federal case law. In Harvey v. GEICO General Insurance Co., James… Continue reading Florida Supreme Court Strengthens Policyholders’ Bad-faith Claims
Tag: Bad Faith
Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions
Chip Merlin | Property Insurance Coverage Law Blog | September 21, 2018 Insurance companies routinely argue for immunity from their wrongful actions because acts of their customers are not perfect following a loss. Policyholders are not claims specialists. Policyholders generally are not in the insurance claims business much less the civil litigation business which the… Continue reading Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions
Florida Appellate Court Finds Implications Of Bad Faith In Claims Handling Not Proper In First Party Insurance Coverage Dispute
Ashley Kellgren | Traub Lieberman Straus & Shrewsberry | August 17, 2018 In two separate opinions, Florida’s Fourth District Court of Appeals reiterated the longstanding principle that issues regarding the quality of an insurer’s adjustment of a claim and bad faith should not be interjected into a first party insurance coverage action. In Citizens Prop. Ins.… Continue reading Florida Appellate Court Finds Implications Of Bad Faith In Claims Handling Not Proper In First Party Insurance Coverage Dispute
Texas Supreme Court Issues Highly Anticipated Bad Faith Opinion
Jamie L. Moore | Bradley Arant Boult Cummings LLP | May 15, 2018 One year after its initial decision in a significant bad faith case, the Texas Supreme Court has issued its much-awaited opinion in USAA Tex. Lloyds Co. v. Menchaca. The case involved a homeowner whose post-Hurricane Ike property damage claim was denied by USAA… Continue reading Texas Supreme Court Issues Highly Anticipated Bad Faith Opinion
Bad Faith Requires Misconduct by Insurer That is Dishonest, Malicious, or Oppressive
Barry Zalma | Zalma on Insurance | July 10, 2018 Negligence in Adjusting Claims is Not Enough to Prove Bad Faith To prove the tort of bad faith it is necessary that the plaintiff prove that the insurer acted with affirmative misconduct without a good faith defense, and that the misconduct must be dishonest, malicious,… Continue reading Bad Faith Requires Misconduct by Insurer That is Dishonest, Malicious, or Oppressive