Insurance Bad Faith Lawyer Blog

In the case of H. Greg Lee, personal representative of the estate of Raymond Consul, v. Mark Chmielewski, as guardian of Matthew Martin, Case Number 2D17-4275 (Fla. 2d DCA November 15, 2019), Florida’s Second DCA held that GEICO was not required to accept an offer of...

In the case of Basner v. Bergdoll, Case Number 1D19-562 (Fla. 1st DCA October 23, 2019), Florida’s First DCA held that a handwritten modification to an insurance release was a counteroffer and that a settlement was not made. Facts This case arose out of a 2017 car...

In the case of Fleurimond Barthelemy v. Safeco Insurance Company of Illinois, Case Number 4D17-1254 and 4D17-1543 (Fla. 4th DCA October 24, 2018), Florida’s Fourth DCA held that an insurance company could not deny coverage for “failure to cooperate” when the insured...

In the case of GEICO Indemnity Company v. Ricardo Perez, Case Numbers 3D17-2317, 2407, and 2514 (Fla. 3rd DCA September 20, 2018), Florida’s Third DCA held that a $1.7 million jury verdict in a UM case needed retrial on the issue of whether the insured’s rejection of UM...

In the case of Suzanne Harvey v. GEICO General Insurance Company, Case Number SC17-85 (Fla. September 20, 2018) the Florida Supreme Court held that GEICO’s failure to comply with a request to take a statement of the insured was bad faith. The Underlying Liability Case In 2006,...

In the case of 21st Century Centennial Insurance Company v. Dwayne Walker, Case Number 4D17-2937 (Fla. 4th DCA August 29, 2018), Florida’s Fourth DCA held that the “preferable approach” to awarding attorney fees in a UM case is to wait until the plaintiff has...

A total of $51,813.591 was awarded among six family members involved in a 2013 car accident in Marion County.  They were struck from behind while at a red light at the intersection of SE Maricamp Road and 31st Street in Ocala, Florida when Nathan Pyles failed to stop. The...

In the case of Welford v. Liberty Insurance Corporation, No.: 3:15-cv-333/RV-CJK, 2016 WL 3360431 (N.D. Fla. June 2, 2016), the court considered the issue of whether an insurance company has an obligation to initiate settlement discussions or negotiations. In this case, a driver hit...

Florida Supreme Court holds that a confession of judgment does not prevent a plaintiff from obtaining a trial on damages in Adrian Fridman v. Safeco Insurance Company of Illinois, Case No: SC13-1607 (February 25, 2016).  This puts an end to a practice discussed in GEICO v....