News & Analysis as of

Car Accident Appeals Bodily Injury

Tyson & Mendes LLP

Crash Course: Why Summary Judgment Misses the Mark in Illinois Multi-Cause Limousine Crash Collision

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In Johnson v. Illinois State Toll Highway Authority, a limousine ride to the airport turned catastrophic when an unlicensed, speeding driver named Aaron Nash (“Nash”) missed a lane shift through a construction zone and...more

White and Williams LLP

Eleventh Circuit Finds No Bad Faith Where Insurer Failed to Provide “Mirror-Image” Response to Claimant’s Demand

In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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SUM Endorsement In Commercial Automobile Policy Issued To LLC Deemed To Cover Its Sole Member As “Insured” Alan Tekel was struck by a vehicle.  After Tekel settled with the driver of the vehicle for the full limit of the...more

Carlton Fields

Back To Basics: The Georgia Court of Appeals Distinguishes Acceptance From Counteroffer

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The Georgia Court of Appeals recently reiterated the fundamentals of contract law within the context of insurance settlement negotiations in Yim v. Carr. ...more

Carlton Fields

When Evidentiary Error Matters: Eleventh Circuit Affirms Decision to Grant Retrial

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The U.S. Court of Appeals for the Eleventh Circuit recently closed the book on litigation in which GEICO had been involved since 2010, holding that the granting of a retrial—which resulted in a GEICO victory after an initial...more

Carlton Fields

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

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In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

Saul Ewing Arnstein & Lehr LLP

Eleventh Circuit: Florida Law Does Not Equate Mere Negligence with Bad Faith

Kincaid v. Allstate Prop. and Cas. Ins. Co., No. 2:13-cv-014030, 2014 WL 3733758 (11th Cir. Jul. 30, 2014) - The Eleventh Circuit holds that under Florida law, negligence does not equate to bad faith, and under the...more

Butler Snow LLP

Inadvertence May Be Unavailing, Says the Fifth Circuit on Judicial Estoppel

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The Fifth Circuit became the second United States Court of Appeals to establish a three prong test for determining whether a bankrupt debtor should be judicially estopped from pursuing a cause of action that she failed to...more

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