Janeen M. Thomas | SDV Insights When an insurer handles a claim in violation of its duty to act in good faith, policyholders are often eager to sue the insurer for bad faith, seeking extra contractual damages. Before filing suit, however, it is critical that policyholders consider what state’s law applies to the bad faith… Continue reading Insurer’s Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis
Category: Bad Faith
Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
Jennifer Mathis and Carrie E. Paulsen | Troutman Pepper A wide range of tort reform laws (HB 837) were recently approved by the Florida House and went into effect on March 24. HB 837 is intended to help protect businesses and insurers from excessive litigation in Florida and is expected to make it more difficult… Continue reading Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim
David Adelstein | Florida Construction Legal Updates An interesting opinion on a motion to dismiss came out of the United States Court of Federal Claims dealing with the claim that the government breached its duty of good faith and fair dealing in administering the prime contract. The contractor’s argument was that the government breached its duty of… Continue reading Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim
Sweeping Changes To “Bad Faith” In Florida
J. Blake Hunter | Butler Weihmuller Katz Craig After twelve (12) years of effort, and in what now seems like a blink of an eye during this legislative session, Governor DeSantis signed HB 837/SB 236 into law. This new legislation makes sweeping changes to “bad faith” law in Florida. This blog will summarize these changes… Continue reading Sweeping Changes To “Bad Faith” In Florida
Two Worthy Insurance Topics: (1) Bad Faith, and (2) Settling Without Insurer’s Consent
David Adelstein | Florida Construction Legal Updates The recent Eleventh Circuit Court of Appeals’ decision, American Builders Insurance Company v. Southern-Owners Insurance Company, 56 F.4th 938 (11th Cir. 2023), is an insurer versus insurer case that touches on two important insurance topics: (1) common law bad faith against an insurance company, and (2) an insurer’s affirmative defense that an… Continue reading Two Worthy Insurance Topics: (1) Bad Faith, and (2) Settling Without Insurer’s Consent