September 25, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of a recent and extremely important bad faith decision from the Fourth District Court of Appeal which potentially extends insurance companies’ exposure to bad faith claims. In Cammarata v. State Farm Florida Ins. Co., 2014 WL 4327948 (September 3, […]
August 1, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: The United States District Courts in Florida and the Florida District Courts of Appeal have recently issued several opinions concerning coverage and bad faith that may be of interest to you. EXECUTIVE SUMMARY In Joshua Moore v. Geico General Insurance Company,[1] the United States District […]
June 10, 2014 TORT CASE LAW UPDATE Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In State Farm Mutual Automobile Insurance Company v. John Joerg, the Second District Court of Appeals held that […]
March 18, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida Supreme Court recently issued a decision that holds that medical malpractice statutory caps on wrongful death noneconomic damages provided in Florida Statute section 766.118 is unconstitutional as it is in violation of the Equal Protection Clause of the Florida Constitution. Additionally, the Florida […]
February 3, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of a recent Pennsylvania Federal Court’s ruling allowing an insurer to plead “bad faith setup” as an affirmative defense in a bad faith cause of action. Shannon v. New York Central Mutual Insurance Company, No. 3:13-CV-01432 (M.D. P.a. May […]
January 8, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the District Courts of Appeal of Florida. We are highlighting specific cases that may be of interest to you. In Maddox v. Florida Farm Bureau, the Fifth District Court of Appeals reversed […]
October 1, 2013 Dear Ladies and Gentlemen: This correspondence is in regard to two recent decisions by Florida state and federal courts regarding the mirror image rule and the determination of whether a settlement has or has not been entered into. See Villareal v. Eres, 38 Fla. L. Weekly D1959a (Fla. 2d DCA Sept. 18, […]
August 19, 2013 TORT CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida Supreme Court and the Florida District Courts of Appeal have recently issued several opinions that may of interest to you. In Shahla M. Rabie Cortez v. Palace Resorts, Inc., the Florida Supreme Court held that in the forum non conveniens inquiry, Florida […]
June 18, 2013 CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida District Courts of Appeal have recently issued several opinions concerning coverage and bad faith/good faith claims handling that may of interest to you. EXECUTIVE SUMMARY In Ind. Lumbermens Mut. Ins. Co. v. Pa. Lumbermens Mut. Ins. Co., the Fourth District Court of Appeal […]