Bad-faith litigation is a hot topic in Florida following the passage of the new tort-reform measure known as House Bill 837. However, even in the face of reasonable legislative changes, it remains important for insurers and...more
This morning Governor Ron DeSantis signed the reforms compiled in Senate Bill 236 and House Bill 837 (“HB 837”). Some of the key aims of HB 837 with respect to insurance include decreasing frivolous lawsuits, altering...more
Insurance companies facing a bad faith claim are at risk for extra contractual damages—additional damages above the existing limits to a policy. In this episode of Legally Qualified, RumbergerKirk insurance coverage attorneys...more
A little more than one year after Progressive scored a bad faith win in Eres v. Progressive American Ins. Co., 998 F.3d 1273 (11th Cir. 2021), Progressive came away with another victory in Deary v. Progressive American Ins....more
On June 1, 2021, theEleventh Circuit Court of Appeals affirmed a summary judgment granted in favor of an insurer in a third party bad faith claim. The case, Eres v. Progressive American Insurance Company, Case No. 20-11006,...more
6/18/2021
/ Appeals ,
Bad Faith ,
Car Accident ,
Drunk Driving ,
FL Supreme Court ,
GEICO ,
Hold Harmless ,
Insurance Industry ,
Rejection of Settlement Offers ,
Settlement Offer ,
Strict Compliance ,
Summary Judgment
Florida House Bill 301—approved by the Florida Legislature in the 2019 Regular Session and signed by the Governor—addressed a number of different issues relating to insurance in Florida. This article discusses four of those...more
10/3/2019
/ Appraisal ,
Auto Insurance ,
Bad Faith ,
Contribution Claims ,
Defense Costs ,
Dispute Resolution ,
Duty to Defend ,
Exceptions ,
Insurance Industry ,
Liability Insurance ,
Mediation ,
Medical Malpractice ,
Notice Requirements ,
Professional Liability Insurance ,
Property Damage ,
Proposed Legislation ,
Remedies ,
Reservation of Rights ,
State Legislatures
First party insurance claims involving multiple perils present unique challenges when assessing whether an insurance policy provides coverage. For example, suppose an insurance policy covers damage resulting from fire, but...more
11/20/2017
/ Appeals ,
Earthquake Insurance ,
Earthquakes ,
FL Supreme Court ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Damage ,
Proximate Cause ,
Real Estate Market
When coverage is at issue, the interplay between a policy’s language and an insurer’s duties under the Claims Administration Statute, Florida Statute Section 627.426, becomes a key factor in claims handling for insurers. In...more
7/28/2017
/ Attorney's Fees ,
Breach of Contract ,
Claims Processing Systems ,
Copyright ,
Copyright Infringement ,
Coverage Defense ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Policy Exclusions ,
Policy Terms ,
Reservation of Rights ,
Statement of Claim ,
Travelers Property Casualty Co.