A $3 million Florida bad faith insurance claim was affirmed recently by the U.S. Court of Appeals for the 11th Circuit, which found the auto insurer refused to tender its $250,000 policy limits to a plaintiff, even though it was well-established her injuries were clearly in excess of that.
As our Broward car accident attorneys can explain, bad faith insurance, as outlined in F.S. 624.155, occurs when an insurer either unreasonably refuses to pay or properly investigate a claim (first-party) or when an insurer unreasonably fails to defend, indemnify or settle a claim within policy limits or investigate for a different party (third-party). As outlined in the 1995 Florida Supreme Court case of State Farm Mut. Auto. Ins. Co. v. Laforet, an insurer’s duty of good faith involves the duty to refrain from acting solely on the basis of their own interests in settlement.
Claims for bad faith are separate and apart from the original negligence claim that is filed for crash liability, and can result in plaintiffs being awarded triple their actual damages. Continue reading