Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications...MORE

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Coverage Granted Under Separation of Insureds Clause

Posted in Bad Faith, Business Insurance

In Taylor v. Admiral Insurance Company, ____ S.3d ____ (Fla. 3rd DCA February 10, 2016), Ms. Taylor sued Hello Florida, Villa Vizcaya and Miami-Dade County as a result of a slip and fall injury. Hello Florida was the named insured under the Admiral Comprehensive General Liability Insurance policy.¬† Hello Florida was Ms. Taylor’s employer. Villa… Continue Reading

Citizens Immune From Bad Faith, but there’s more…

Posted in Bad Faith, Insurance Coverage - General

In a long awaited opinion, in¬†Citizen Property Insurance Corporation v. Perdido Sun Condominium Association, Inc., 40 FLW S265 (Fla., May 14, 2015), the Florida Supreme Court held that Citizens was immune from first party statutory bad faith claims. [A] statutory first party bad faith cause of action under 624.155(1)(b) is not an exception to the… Continue Reading

Third Party Bad Faith Lawsuit Filed

Posted in Bad Faith

My client caused a serious accident in which one of the occupants of the other vehicle died.  GEICO insured my client with bodily injury liability limits of $10,000 per person / $20,000 per accident.  The estate for the deceased party agreed that it would accept GEICO’s $10,000 limits as full and final settlement of all claims if GEICO agreed to pay… Continue Reading

First Party Bad Faith Case Ripe Upon Confirmation of Appraisal Award

Posted in Appraisal, Bad Faith

In State Farm Florida Insurance Company v. Seville Place Condominium Association, Inc., ____ So.3d ____ (Fla. 3rd DCA October 14, 2009) a group of condos was damaged by Hurricane Wilma.  Seville submitted the claim to State Farm.  Seville presented an estimate of damage in excess of $4.6 million.  State Farm initially paid a total of $90,564.62 on the… Continue Reading

3rd DCA Refuses to Grant Certiorari Review of Claim for Breach of the Covenant of Good Faith and Fair Dealing

Posted in Bad Faith

In Citizens Property Insurance Company v. Bertot, ____ So.3d ____ (Fla. 3rd DCA June 3, 2009), an insured homeowner sued Citizens for breach of the insurance policy for failing to pay a claim, and for breach of the covenant of good faith and fair dealing in failing to properly investigate the claim.  Citizens argued that a… Continue Reading

2nd DCA Dismisses Bad Faith UM Claim as Premature

Posted in Bad Faith

In Allstate Indemnity Insurance Company v. Nelson, ____ So.3d ____  (Fla. 2nd DCA May 22 2009), Nelson was seriously injured in a car accident.  She and Allstate, her UM carrier, agreed to settle the case for her UM policy limits of $250,000.  Allstate tendered the $250,000, but under separate cover, Allstate requested that Nelson execute a release which… Continue Reading

5th DCA Holds Attorney-Client Materials from Underlying Case Not Discoverable in Subsequent First-Party Bad Faith Case

Posted in Bad Faith

In West Bend Mutual Insurance Company v. Higgins, _____ So.2d _____ (Fla. 5th DCA March 27, 2009), the insured brought a first-party bad faith case against West Bend pursuant to Florida Statute Section 624.155.  The insured sought discovery of the claims file from the underlying case, including attorney-client material generated in the underlying case.  The 5th… Continue Reading

First Party Bad Faith Judgment Reversed

Posted in Bad Faith, PIP

Recently, Florida’s Fourth District Court of Appeals reversed a First Party Bad Faith verdict and judgment. In United Automobile Insurance Company v. Colon, Ms. Colon sued her PIP insurer for bad faith claims handling in failing to pay her doctors under her PIP policy. Although she disclaimed any non-economic damages for emotional distress, the insured… Continue Reading

Victim Files Bad Faith Lawsuit Against Provident Life For Wrongful Denial of Disability Benefits

Posted in Bad Faith

Provident Life and Accident Insurance Company paid our client, Ronnie H., his long term disability benefits from October 2001 until February 2004. Then, as of March 1, 2004, Provident terminated Ronnie’s LTD benefits, claiming he was no longer disabled. Provident terminated Ronnie’s benefits even though the medical records showed that Ronnie’s condition had not improved… Continue Reading

Important Bad Faith Decision Issued by the Eleventh Circuit

Posted in Bad Faith

The issue in this third-party bad faith lawsuit was the propriety of the following jury instruction, given by the trial court: In your determination of whether GEICO General Insurance Company acted in bad faith in the handling of the Giovo claim against Jack McDonald, Penny McDonald, and Brandi McDonald, any question about the possible outcome… Continue Reading

Florida Supreme Court Issues Important Decision on Assignment and Release of Claims

Posted in Bad Faith

On September 29, 2008 the Florida Supreme Court issued its opinion in Wachovia Insurance Services, Inc. v. Toomey. The supreme court answered certified questions from the United States Court of Appeals for the 11th Circuit regarding insurance claims, releases, settlements, assignments, and whether a claim for negligence could be brought concurrently with a claim for… Continue Reading