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Insurance Coverage and Bad Faith

Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims

Insurance companies facing a bad faith claim are at risk for extra contractual damages—additional damages...

Brett M. Carey
Candy L. Messersmith
Insurance Coverage and Bad Faith

Florida 4th DCA Reiterates Insurer’s Negligence Not Enough to Sustain Bad Faith Claim

Directs Judgment to be Entered in Favor of Insurer In GEICO v. Harvey, (Fla. 4th...

Candy L. Messersmith
Insurance Coverage and Bad Faith

Court Imposes Unlimited Exposure on PIP Insurer

In Spaid v. Integon Indemnity Corp., Case No. 1D13-2343 (Fla. 1st DCA June 18, 2014),...

Candy L. Messersmith
Insurance Coverage and Bad Faith

In Coverage Case, Florida Court Expansively Construes "Costs" to Include "Attorneys Fees"

In GEICO General Ins. Co. v. Hollingsworth, 2015 WL 376406 (Fla. 5th DCA January 30,...

Candy L. Messersmith
David B. Shelton
Insurance Coverage and Bad Faith

First DCA Denies Citizens Property Insurance Corporation Immunity From Bad Faith Claims

In Perdido Sun Condominium Association, Inc. v. Citizens Property Ins. Corp., Case No. 1D13-1951 (Fla....

Candy L. Messersmith
David B. Shelton
Insurance Coverage and Bad Faith

The Fifth District Court of Appeal Addresses Number of Occurrences in Dog Bite Case

Maddox v. Florida Farm Bureau General, Case No. 5D12-3577; 2013 WL 4859249 (Fla. 5th DCA...

Candy L. Messersmith
David B. Shelton
Insurance Coverage and Bad Faith

Second District Upholds Exclusion For Bodily Injury To Non-Resident Relative Insured

 In Motzenbecker v. State Farm Mut. Auto. Ins. Co., the Second District Court of Appeal...

Candy L. Messersmith
David B. Shelton
Insurance Coverage and Bad Faith

Florida Supreme Court Rules That Discovery Into Extrinsic Evidence is Not Allowed When Construing Policy Language

In Washington Nat. Ins. Corp. v. Ruderman, the Florida Supreme Court answered several questions certified...

Candy L. Messersmith
Insurance Coverage and Bad Faith

A Liability Insurer’s Expense of Defense Should Be Considered in Determining Jurisdictional Amount For Declaratory Judgment Action

In Elisias v. GEICO, (decided July 31, 2013), the Fourth District Court of Appeal examined...

David B. Shelton
Candy L. Messersmith
Insurance Coverage and Bad Faith

FL Supreme Court Strikes Down Examinations Under Oath as a Precondition to Recovery Of No-Fault Insurance Benefits

 In Nunez v. GEICO General Ins. Co., (decided June 27, 2013), the Florida Supreme Court...

Candy L. Messersmith