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Category: Bad Faith Insurance

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Breach of good faith duty underlies bad faith insurance claim

Mon Dec 21st, 2015 on     Bad Faith Insurance,    

An insurer has a legal duty to act with good faith and fair dealing in every insurance contract. When that duty is breached, a tort and breach of contract action for bad faith insurance may be allowed, depending upon the facts of the case. As a general rule in Florida and elsewhere, the insurer will incur liability to the insured if it recklessly or in bad faith exposes the insured to liability in derogation of its contract of insurance.

Florida Supreme Court rules in Citizens bad faith case p3

Wed Jun 3rd, 2015 on     Bad Faith Insurance,    

We are finishing up our discussion of the recent Florida Supreme Court decision regarding bad faith claims against state-backed Citizens Property Insurance Corp. Again, an insurance company that puts its own interests first — ahead of a policyholder’s interest — is acting in bad faith. The rule only holds for private insurers, though, and Citizens is a government entity. Under the doctrine of sovereign immunity, as well as state law, Citizens cannot be sued.

15 minutes for auto quote? 15 reasons not to trust the lizard

Tue Feb 17th, 2015 on     Bad Faith Insurance,    

We find ourselves making reference to television ads and F. Scott Fitzgerald today. The first appears in the title of the post, which, of course, refers to the Geico ads in which the adorably charming Geico Gecko cheerfully informs us that 15 minutes will save us 15 percent on our auto insurance. The second comes in the form of an observation we are certain others share: California is different from you and me … and Florida.

Not their fault? Insurer appeals $18 million bad faith verdict p4

Fri Aug 8th, 2014 on     Bad Faith Insurance,    

As we said when we started this series of posts, it is rare to find news stories about insurance bad faith cases. This case, against Nationwide Mutual Insurance Co., is remarkable because of the punitive damage award — the $18 million referred to in the headline. That is a drop in the ocean for such a big company (Nationwide reported net income of $1.35 billion for 2013), but, then, the initial claim was worth just $25,000.

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