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In case you missed our recent seminar on Affidavit Demands in Florida: Strategic Presuit Handling to Avoid Bad Faith Exposure, here are the key takeaways for Florida adjusters: 1.Identify whether a presuit demand includes an affidavit requirement and if it
The Fourth District overturned a default final judgment when the underlying Complaint sued an insurer under sections 627.736(4)(f), (6)(b), and (11)(f) of the Florida PIP statute. Because these provisions do not provide for damages, the Complaint sought statutory fines under
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Insurance Company, No. 20-13251 (11th Cir. April 5, 2022), the Eleventh Circuit declined to follow its previous, unpublished opinion in Cawthorn v. Auto-Owners Insurance Co., 791 F. App’x 60 (11th Cir. 2019), which held that
In Williams v. State Farm Florida Insurance Company, 2D20-2092, the Second DCA reversed summary judgment for the insurer in the insured’s first-party bad faith action, holding that the insurer’s invocation of appraisal and payment of the award after the expiration of the
November 10, 2021 12:00 p.m. – 1:00 p.m. EST Presenters: Barbara Fox, Bretton Albrecht, Jennifer Remy-Estorino This presentation will provide an overview of civil remedy notices (CRNs), under Florida’s bad faith statute, §624.155, Fla. Stat. The team will cover what
Heather Eres v. Progressive Am. Ins. Co., No. 20-11006, 8:17-cv-02354-TPB-SPF (11th Cir. 2021) Upon being notified of an accident where plaintiff was severely injured and her son was killed, the insurer immediately tendered its policy limits to plaintiff’s attorney,
The Florida Supreme Court and the various circuit courts have gone to great lengths to make accommodations regarding access to courtrooms and legal proceedings, while recognizing that COVID-19 is going to impact deadlines and critical proceedings. What the courts have
The ink is not even dry on your appraisal award and the insurer has been served with a Motion for Entitlement to Attorneys Fees in Costs in a case where the insurer did not even know there was a disputed
HARVEY V. GEICO GEN. INS. CO., NO.S17-85 (FLA. SEPT. 20, 2018) Summary of the Proceedings In a 4-3 decision, authored by Justice Quince, the Florida Supreme Court reinstated a judgment for 9.2 million entered in favor of GEICO’s insured, John
Laurie Adams and Alexandra Paez, of the West Palm Beach office, successfully dismissed a bad faith case within a UM complaint, in Dade County. Although the trend has been abatement in some jurisdictions, there are still viable reasons a case
