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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’s Property Insurance Reform: The Impact on Carriers and Insureds in the State of Florida

The Florida Legislature passed Senate Bill 2-A (“SB2A” or the “Act”), which was signed into...

Robert P. Barton
Photo: Shutterstock/Jirsak
Insurance Coverage and Bad Faith

Automatic Liability: New Risk Under California’s Insurance Lapse Protection Statutes

Last year, the Supreme Court of California held that changes in the California Insurance Code’s...

Joshua D. Lerner
Fred Clarke
Insurance Coverage and Bad Faith

Legal Update: Recent Changes to Florida Insurance Law and Its Effect on Litigation

It is no secret that Florida’s residential property insurance market has experienced a tumultuous past...

Photo: Shutterstock.com/Andrey_Popov
Insurance Coverage and Bad Faith

Eleventh Circuit: Disagreement Over Valuation Is Not Per Se Bad Faith

A little more than one year after Progressive scored a bad faith win in Eres...

Brett M. Carey
Photo: Shutterstock/Yuriy K
Casualty Litigation

The Road to Alignment:  Florida Supreme Court Amends Florida Rule of Civil Procedure 1.442 to Follow Florida Statute § 768.79 Regarding Nonmonetary Terms in Proposals for Settlement

Effective July 1, 2022, Proposals for Settlement in Florida shall no longer contain nonmonetary terms,...

Photo: Shutterstock.com/gguy
Insurance Coverage and Bad Faith

McHugh, Thomas, and the Long-Term Risk of California Insurance Code Sections 10113.71 and 10113.72

In 2012, the California Legisla­ture enacted changes to the California Insurance Code that provide protections...

Joshua D. Lerner
Fred Clarke
Photo: Shutterstock/Rawpixel.com
Insurance Coverage and Bad Faith

Assignment of Benefits Not Enforceable: Invoice Does not Satisfy Estimate Requirements

Not too long ago, the Florida Legislature passed Section 627.7152 in an attempt to curb...

Photo: Shutterstock/niroworld
Insurance Coverage and Bad Faith

Courts Across the Country Say Physical Damages are Required to Trigger Business Interruption Claims

Two years ago there was much uncertainty regarding how the COVID-19 pandemic would play out,...

Brett M. Carey
Photo: Shutterstock/Ollyy
Insurance Coverage and Bad Faith

Eleventh Circuit Reverses its Prior Reasoning Finding: Settlement Agreements can now be Basis for a Bad Faith Claim

In Florida, an excess judgment is when the judgment in the case exceeds the policy...

Ligianette Cordova
Photo: Shutterstock/Superstar