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
Category: Bad Faith
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
Clock is Ticking: New Law Restricts Time-Limited Policy Limit Settlement Demands
Donimica C. Anderson and Daniel B. Heidtke | Duane Morris Certain time-limited settlement demands delivered on or after January 1, 2023 will be subject to additional restrictions as California Code of Civil Procedure (“CCP”) Sections 999-999.5 take effect in the New Year. In the past, policyholder counsel have issued policy-limit demand letters, with little detail,… Continue reading Clock is Ticking: New Law Restricts Time-Limited Policy Limit Settlement Demands
Arizona Appellate Court Determines Standard for Aiding and Abetting Bad Faith Claims
Patrick Gorman | Jones, Skelton & Hochuli The Arizona Court of Appeals recently analyzed a question that often plagues the removal of an insurance bad faith case to federal court: what is the standard to state a claim against an alleged aider and abettor of a bad faith claim? In Iglesia de Jesucristo Minesterios v. Brotherhood… Continue reading Arizona Appellate Court Determines Standard for Aiding and Abetting Bad Faith Claims
Claims Adjusters Or Lawyers? Federal Court Sees No Difference.
Steven L. Miracle | Meissner Tierney Fisher & Nichols An insurance company’s duty of good faith and fair dealing is incorporated into every insurance policy. Generally speaking, the duty requires an insurance company to act fairly toward its insured and not place its own interests above the insured’s interests, whether in the context of an… Continue reading Claims Adjusters Or Lawyers? Federal Court Sees No Difference.