Fla. Insurers Should Beware Expanded Bad Faith Standards

By Rory Jurman and Vanessa Alvarez (September 26, 2018, 3:56 PM EDT) -- In 2009, the United States Court of Appeals for the Eleventh Circuit affirmed a summary judgment in favor of an insurance company, holding that there was insufficient evidence that the insurance company acted in bad faith to proceed to a jury.[1] In Johnson, Geico tendered the $10,000 policy limits within 33 days of the car accident and soon after learning that the claimant had died as a result of the accident. However, under ostensibly similar facts, in an unpublished but persuasive decision nine years later, the United States Court of Appeals for the Eleventh Circuit affirmed a district court's denial of an insurance company's motion for judgment as a matter of law and motion for a new trial, holding that a reasonable jury could have concluded that the insurance company acted in bad faith.[2] In Bannon, Geico tendered the $250,000 policy limits within 26 days of the accident and soon after learning that one of the claimant's medical bills had surpassed $300,000....

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