Jury Awards RV Owner Almost $8.5 Million, Most of Which Is Punitive Damages, After Insurance Company Denies Claim
Jury Awards RV Owner Almost $8.5 Million, Most of Which Is Punitive Damages, After Insurance Company Denies Claim Mar 12, 2020 In February, a jury awarded one plaintiff almost $8.5 million verdict, which included eight million dollars in punitive damages, as a result of an insurance bad faith litigation claim brought against insurance company National General. The case is one that all insurance companies should be aware of in terms of what it means to thoroughly investigate a claim and whether or not a good faith dispute over coverage validly exists. It involved an insurance claim filed on a fire damaged RV, which was ultimately denied by National General after several of the company’s investigators found the incident to be suspicious and reported claiming that the fire originated in two separate locations and was caused by the actions of an individual. The insurance company ultimately came to suspect that the plaintiff may have set the fire himself. It is also notable that the Florida legislature is currently floating a proposal to adjust issues related to bad faith lawsuits brought against insurers here in Florida; a proposal that would ultimately benefit insurance carriers, who currently face bad faith actions fairly regularly when it comes to disputes over coverage. Factors In The Jury’s Decision In its decision, the jury in the case appeared to be especially concerned about the number of investigations that National General conducted, as was unearthed by the discovery process. According to reports, the initial investigation implied that the fire was an electrical fire, however, once that National General realized that the damage was covered under the plaintiff’s policy, the second investigation instead concluded that fire may have been intentionally set and suggested that the plaintiff had something to do with it. The company then denied the claim, insisting that the plaintiff had filed a fraudulent claim and misrepresented the incident. The jury, however, sided with the plaintiff, finding that National General manipulated the facts and dictated some of its subsequent investigations in order to reach the conclusion that worked in its best interest. National General had gone so far as to not only deny the claim of a policyholder who was in good standing and able to prove that he was not home when the fire occurred, but also investigated his family, which the jury found to be a clear act of bad faith. Florida Senate Bill Could Decrease Bad Faith Litigation Brought in Florida Because the determination of what constitutes “bad faith” is placed in the hands of a jury instead of a judge, it is not uncommon or insurers to be hit with verdicts in the millions of dollars; even where policy limits are significantly less (for example, $50,000 or less). However, a current Senate proposal would require that any civil remedy notice specify the amount of damages that are being sought from an insurer so that they can try to cure any alleged violations and prevent a bad faith lawsuit. Contact Our Florida Insurance Bad Faith Defense Attorneys If You Have Questions HD Law Partners represents insurance companies whenever there is a dispute over liability, coverage, or damages. The firm also provides defense services where there are insurance bad faith claims and plaintiffs seeking extra-contractual liability. Contact our Tampa insurance bad faith attorneys today to find out more about our services. Resource: rvtravel.com/jury-935/ clickorlando.com/news/florida/2020/02/04/florida-house-renews-debate-over-ending-no-fault-auto-insurance-system/ https://www.hdlawpartners.com/more-than-100000-insurance-claims-are-still-lingering-here-in-florida/ Posted in Uncategorized | 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