11th Circuit Sides with Geico in Insurance Bad Faith Claim
Recently, the 11th Circuit Court of Appeals upheld a ruling in support of an insurance company, clarifying the importance of what evidence is required in order to prove that a claimant has suffered from a permanent injury. The bad faith case filed in the Middle District of Florida involved an insurance claim originally filed against Geico in 2009 for allegedly failing to provide the claimant—Catherine Cadle—with the maximum payout/settlement under her motorist policy for injuries she was supposedly suffering from due to a 2007 car accident. Geico responded that Cadle had failed to provide sufficient evidence that she actually suffered from a permanent injury. Permanent Injuries In claims involving allegations of permanent injuries, an insurer is entitled to rely on the documents provided by the claimant’s attorney; however, reliance on these documents cannot amount to bad faith (in other words, a court will not hold that an insurance company acted in bad faith in only relying on the documents provided by the plaintiff and failing to do their own investigation). Non-economic damages are only available under an insurance policy if the claimant (aka the plaintiff) suffers from a permanent injury. Here, the 11th Circuit found that Cadle, at no time, produced for Geico sufficient medical evidence of the permanency of any injury, which must be established within a reasonable degree of medical probability within the “cure period” (other than scarring or disfigurement). In this particular instance, without a permanent injury, the case was non-existent, as Cadle didn’t suffer from other non-permanent injuries or associated economic loss, such as an inability to work, as a result of the accident. In this case, it also appears that the 11th Circuit’s decision dictates that an insurance company like Geico is under no obligation to do its own investigation; in other words, it is the claimant’s duty to present all of the necessary evidence to uphold their claim. Florida Law Florida law dictates that, other than permanent injury, a plaintiff may recover damages from an accident like this if there is significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death. However, a defendant (such as Geico) can file a motion with the court, whereby the court can examine the pleadings and the evidence before it, and ascertain whether the plaintiff will be able to submit the requisite evidence that they will meet these requirements for damages. Florida Insurance Bad Faith Attorneys It is an insurer’s duty to thoroughly investigate any and all claims and only pay benefits where liability is clear and the amount is justified. When claimants feel that they have not been paid enough or that their claim has been unfairly denied, they often sue the insurance companies, even though these assertions are frequently incorrect. At HD Law Partners, we represent insurance companies in the event of these disputes, as well as defense of claims alleging insurance bad faith. Contact our attorneys today; we serve clients in Tampa, Orlando, Sarasota, and surrounding areas. Resources: flarecord.com/stories/511061383-11th-circuit-court-no-permanent-injury-in-geico-bad-faith-claim leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html Tags: Florida Insurance Bad Faith Lawyer, Florida Insurance Bad Faith Lawyers, Florida Insurance Disputes, Geico, Insurance Bad Faith Claim, Tampa Insurance Defense Attorney Posted in Insurance Defense | 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