News & Analysis as of

Insurance Litigation Negligence Auto Insurance

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

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In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Morris, Manning & Martin, LLP

Georgia Legislature Overhauls Holt Demand Statute in Effort to Curb Failure to Settle Litigation

On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more

Ward and Smith, P.A.

Significant Legislative Changes for North Carolinians Injured in Car Accidents

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Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance laws, increasing the minimum...more

Maison Law

How to Prove Liability in a California Car Accident Case

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Automobile negligence carries significant consequences for many of its victims and their families. The California Office of Traffic Safety reported nearly 4,300 people died in 2021 in auto accidents. According to the U.S....more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Cozen O'Connor

Eleventh Circuit (Florida): No Bad Faith for Investigating Claim

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On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory for GEICO, finding that no reasonable jury could conclude that GEICO had...more

Butler Weihmuller Katz Craig LLP

More Than One Collision, But How Many Accidents?

Automobile insurance policies specify a maximum amount the insurer will pay for a single accident. This coverage limit applies both to liability and uninsured/underinsured motorist (“UM”) coverages. ...more

Rumberger | Kirk

Nuts and Bolts of Florida’s Seatbelt Defense

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Florida is a popular destination for vacations and second homes.  When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt.  To prevail on the seatbelt...more

White and Williams LLP

The Complex Insurance Coverage Reporter - 2019 Year in Review

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Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more

Ward and Smith, P.A.

Identifying All Sources of Underinsured Motorist Coverage for Injured Parties in NC Car Accident Cases

Ward and Smith, P.A. on

Underinsured Motorist ("UIM") coverage is an incredibly important source of insurance in car accident cases involving personal injuries. Liability insurance pays claims for someone when they are at-fault for an accident;...more

Robins Kaplan LLP

“That Settles It”: The Georgia Supreme Court Provides Clarity Regarding an Insurer’s Duty to Settle

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NEW GUIDANCE FROM THE GEORGIA SUPREME COURT RE: AN INSURER’S DUTY TO SETTLE - The issue of whether an insurer has fulfilled its duty to settle in good faith was recently litigated in Georgia. Under Georgia law “[a]n...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

Michigan Auto Law

Is There a Way to Prove Marijuana-Impaired Driving in Michigan?

Michigan Auto Law on

There is no legal THC limit in Michigan to prove a person is guilty of marijuana-impaired driving. There is also not likely to be any limit to prove marijuana-impaired driving anytime soon. That’s because a legislatively...more

Cozen O'Connor

The Florida Supreme Court Pushes Florida Bad Faith Standard Closer to Negligence in Harvey v. GEICO Decision

Cozen O'Connor on

The Florida Supreme Court recently decided Harvey v. GEICO Gen. Ins. Co., No. SC17-85, 2018 WL 4496566, at *1 (Fla. Sept. 20, 2018), an important case setting forth what many will try to argue has lessened the standard for...more

White and Williams LLP

A Divided Florida Supreme Court Drastically Expands Liability for Bad Faith Claims

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In a highly anticipated decision, a sharply divided Florida Supreme Court reversed the decision of the state’s Fourth District Court of Appeal and reinstated a jury’s $9.2 million verdict against GEICO for the insurer’s...more

Carlton Fields

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Carlton Fields

Florida Appellate Court Rejects Jury’s Bad Faith Verdict

Carlton Fields on

It feels like a black swan event: last month, in GEICO Gen. Ins. Co. v. Harvey, No. 4D15-2724 (Fla. Ct. App. Jan. 4, 2017), a Florida appellate panel unanimously overturned a jury verdict, on the ground that the plaintiff’s...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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