News & Analysis as of

Summary Judgment Auto Insurance Car Accident

Rumberger | Kirk

Third DCA Holds that Insurer and Insured Can Agree to Alternative Means of Policy Cancellation

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On April 10, 2024, Florida’s Third District Court of Appeal held that an insurer and its insured can mutually agree on an alternative method of canceling an insurance policy, notwithstanding policy language providing...more

Marshall Dennehey

Appellate Court Affirms Trial Court’s Grant of Summary Judgment to Defendant, Finding that Plaintiff Failed to Vault the Verbal...

Marshall Dennehey on

McGovern v. Basich, No. A-3951-21, 2023 WL 8613540 (N.J. Super. Ct. App. Div. Dec. 13, 2023) - This case arose from a motor vehicle accident in which the plaintiff had a green light when her car was struck by the defendant’s...more

Butler Snow LLP

Eleventh Circuit Affirms Summary Judgment for UIM Insurer in Alabama Bad Faith Case.

Butler Snow LLP on

In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more

Carlton Fields

Florida Court Holds Carrier’s Basis for Botched $149K Ferrari Payment Defied “Common Sense”

Carlton Fields on

A familiar dispute between a carrier and a third party involves the third party’s attacking the language of the insurance contract and arguing in favor of an interpretation not reflected by the plain meaning of the text. But...more

Carlton Fields

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

Carlton Fields on

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

Haight Brown & Bonesteel LLP

Policy Wording Determines Whether A Single Per Person Limit Applies to Loss of Consortium Claims

In Jones v. IDS Property Casualty Ins. Co. (No. C084065, filed 9/25/18), a California appeals court found that while there is a split of authority in the case law, under the insurer’s applicable policy wording a wife’s claim...more

Pullman & Comley, LLC

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

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In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Pullman & Comley, LLC

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

Pullman & Comley, LLC on

Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more

Cozen O'Connor

Eleventh Circuit Finds No Bad Faith in Multiple-Claimant Claims-Handing Situation

Cozen O'Connor on

In a new decision, Mesa v. Clarendon National Ins. Co., 2015 WL 5059496, 2015 U.S. App. LEXIS 15203 (11th Cir., Aug. 28, 2015), the Court of Appeals found that the insurer’s claims-handling of multiple claimants did not rise...more

Saul Ewing Arnstein & Lehr LLP

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages...

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not...more

Saul Ewing Arnstein & Lehr LLP

Florida Court Of Appeals: Insured Who Settled Claim For UM Benefits Still Allowed To Add Bad Faith Claim Against Insurer In The...

Safeco Ins. Co. of Illinois v. Rader, No. 1D13-2659, 2014 WL 660204 (Fla. Dist. Ct. App. Feb. 21, 2014). After entry of partial summary judgment on UM claim, insured successfully moved to amend his complaint to add a...more

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