News & Analysis as of

Car Accident Appeals Insurance Claims

Steptoe & Johnson PLLC

Fourth Circuit Reaffirms Necessary Prerequisites for Claiming Hayseeds Damages and Offers Guidance on Admissibility of Experts

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On June 5, the United States Circuit Court of Appeals for the Fourth Circuit issued an unpublished opinion that provides a blueprint to insurance companies for handling bad faith claims. The Fourth Circuit held in Sellman v....more

Payne & Fears

Withholding Claims Notes Results in Severe Sanctions

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In Garcia v. Awerbach, 136 Nev. Adv. Op. 27 (May 21, 2020), the Supreme Court of Nevada reinstated a severe discovery sanction against a defendant who withheld a critical insurance claims note. In doing so, the Supreme Court...more

Carlton Fields

Eleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand Florida’s Bad Faith “Excess Judgment Rule” to Include...

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In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners...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

Troutman Pepper

Pa. Superior Court Vacates Bad-Faith Insurance Verdict, Cautioning Against Industrywide Condemnations

Troutman Pepper on

In a highly anticipated decision, the Pennsylvania Superior Court vacated an eyebrow-raising $21 million award for an auto policyholder and found that the insurer did not act in bad faith....more

Hogan Lovells

Not so divine intervention

Hogan Lovells on

The elements of delict have been the subject of much repetition when it comes to examining the claims that land on insurer's doorsteps. To such a degree that I'm convinced that it is a requirement that you should be able to...more

Rumberger | Kirk

Florida 4th DCA Reiterates Insurers Negligence Not Enough to Sustain Bad Faith Claim

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Directs Judgment to be Entered in Favor of Insurer - In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida’s Fourth District Court of Appeal held that the trial court erred in denying the insurer’s motion for directed...more

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