Important Eleventh Circuit Insurance Bad Faith Decision
The U.S. Court of Appeals for the Eleventh Circuit (which covers Florida) recently reversed an important lower Florida court’s decision which awarded an insurance bad faith plaintiff (Bottini) $30 million in a case involving uninsured/underinsured motorist breach of contract claims. The vehicle involved in the accident at the heart of the claim had been underinsured under the requirements of Florida law; still the plaintiff’s estate demanded that Geico, from which the plaintiff had purchased $50,000 of uninsured motorist coverage, render the maximum payment under the policy. Geico refused, indicating that it was still conducting its own investigation to determine whether the insured had been at fault in the accident. As a result, the motorist’s estate filed a civil remedy notice of insurer violation with the Florida Department of Financial Services (a prerequisite to filing a bad faith claim against an insurer). Florida Law Under Florida law, a person may bring a civil action against an insurer when said person is damaged by a violation of the following: Unfair methods of competition and unfair or deceptive acts, such as misrepresentation and false advertising of false insurance policies, defamation, coercion, false statements, etc. Coercion regarding being associated with a particular financial institution; Disability and/or sickle-cell-based discrimination; Policies regarding cancellation and the return of an unearned premium; The insurer not attempting in good faith to settle claims when the insurer could and should have done so; Failing to properly settle claims; and/or Making claims payments unaccompanied by a statement setting forth the coverage under which those payments are being made. The Case Geico ultimately found that the plaintiff was negligent in the accident, but still sent the plaintiff’s estate a check for the full $50,000, including a release of liability for related claims. However, the estate rejected the check and instead chose to litigate the dispute behind what had ultimately caused the accident. When the case came before a jury, the jury awarded more than $30 million damages to the estate, the plaintiff’s widow, and the plaintiff’s children for loss of support, services, companionship, and pain and suffering. However, the trial court still limited the damages to $50,000 because $50,000 was the policy maximum. The estate then sued Geico in the U.S. District Court for the Middle District of Florida, arguing that it was entitled to the full amount of damages designed by the jury (upwards of $30 million). The district court granted the motion, holding that the verdict was binding. The circuit court then reversed the district court’s order, finding that the appellate court did not review the errors Geico alleged, failing to provide the appellate review to which Geico was entitled to under Florida law. In doing so, Geico had been denied its right to appellate review of properly preserved claims of error in the determination of damages. Florida Insurance Bad Faith Attorneys The experienced insurance attorneys of HD Law Partners represent insurance carriers in all types of insurance coverage disputes, including defense of bad faith claims and good faith disputes of liability, coverage, and/or damages. We understand that insurance companies have a duty to defend their bottom line and investigate all claims at a high level for the sake of the company’s other customers. We provide representation to insurance companies being targeted under these claims and others. Contact us today to find out more. Resource: leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html Tags: Florida Insurance Bad Faith Lawyer, Florida Insurance Bad Faith Lawyers, Tampa Insurance Defense Posted in Insurance Bad Faith | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us