Much is said about punitive damages and how they are used to punish wrongdoers. Plaintiffs dream of large punitive damage awards. Plaintiffs’ lawyers who obtain large punitive damage awards use them to brag about their ability as tort lawyers and as a bludgeon on other defendants to convince them to settle for more than they…
On March 30, 2011, the Third District Court of Appeal issued its opinion in United Automobile Insurance Co. v. Levine, Case No. 3D09-3234, and made clear that bad faith litigation will continue to thrive without immediate action by the Florida Legislature. Bad Faith Litigation,Third DCA Decision Opens Door to Continued Abuse of Current Law
Can insurer be acting in bad faith for failing to settle a claim when the insured or claimant is deliberately attempting not to settle in order to create a bad faith “refusal to settle” claim against the insurer and thereby avoid low policy limits? Or must the insured/claimant be making a good faith effort to…
Bad-faith lawsuits targeting automobile insurers in Florida impose a heavy burden on the state’s auto insurance system and auto insurance consumers. The possibility of winning large bad-faith settlements and court judgments creates powerful incentives for potential claimants and their attorneysto file auto liability insurance claims that otherwise would not be filed. The Insurance Research Council…
Florida is considered one of the worst states in the country for exposure to socalled bad faith litigation. Florida law doesn’t require claimants who are not the policyholder to send a demand or clearly state the amount of money to achieve a fair settlement. This absence of clear rules to satisfy a demand has enabled…