In McNamara v. Government Employees Insurance Company, No. 20-13251 (11th Cir. April 5, 2022), the Eleventh Circuit declined to follow its previous, unpublished opinion in Cawthorn v. Auto-Owners Insurance Co., 791 F. App’x 60 (11th Cir. 2019), which held that an “excess judgment,” for the purposes of proving the causation element of a bad-faith-claim, can only arise from a trial and resulting verdict. In retreating from Cawthorn, the Eleventh Circuit held that an excess judgment may be demonstrated based on a consent judgment that memorializes a private settlement agreement between a third party and an insured. Read more here.