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Insurance Coverage and Bad Faith

Florida Supreme Court Addresses Insured’s Breach of Cooperation and Imposes Burden on Insurer to Show It Was Prejudiced

 In State Farm Mutual Auto. Ins. Co. v. Curran, 2014 WL 1010658, decided March 13,...

David B. Shelton
Insurance Coverage and Bad Faith

Court Holds That Change of Policyholder Requires New Offer of UM Coverage

In Chase v. Horace Mann Ins. Co., 2015 WL 686093 (Fla. February 19, 2015), the...

David B. Shelton
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

Florida Supreme Court Expands Responsibility of Titled Vehicle Owners and May Have Created an Uninsured Risk

 In Christensen v. Bowen, decided April 10, 2014, the Florida Supreme Court imposed vicarious liability...

David B. Shelton
Insurance Coverage and Bad Faith

First DCA Holds Father’s Selection of Non-Stacking UM Coverage Was Not Binding On Daughter

 In Horace Mann Ins. Co. v. Allison Chase, et. al, . Case No. 1D12-32132; 2013...

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