INSURANCE: BAD FAITH: PREMATURE BAD FAITH ACTION; CIVIL PROCEDURE: DISCOVERY: CLAIMS FILE: BUSINESS POLICIES OR PRACTICES; APPEALS: CERTIORARI: CERTIORARI GRANTED AS TO PREMATURE BAD FAITH DISCOVERY: CERTIORARI DENIED AS TO DENIAL OF MOTION TO DISMISS PREMATURE BAD FAITH ACTION WITHOUT PREJUDICE TO FILING MOTION TO ABATE IN TRIAL COURT

United Automobile Insurance Company v. Riverside Medical Associates, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D574 (Fla. 4th DCA March 4, 2015)

The appellate court granted the insurer’s petition for certiorari as to an order granting premature bad faith discovery. “[U]ntil the obligation to provide coverage and damages has been determined, a party is not entitled to … Click To Read Full Case Law Review...

INSURANCE: THIRD PARTY BAD FAITH: CIVIL PROCEDURE: DISCOVERY: ATTORNEY-CLIENT PRIVILEGE: WORK PRODUCT: WAIVER: INSURANCE COMPANY DID NOT WAIVE ATTORNEY CLIENT PRIVILEGE BY SEEKING REFORMATION OF CUNNINGHAM AGREEMENT: INSURANCE COMPANY’S LAWYERS DID NOT WAIVE ATTORNEY CLIENT PRIVILEGE OR WORK PRODUCT BY STATEMENTS MADE AT HEARING IN ACTION FOR DECLARATORY JUDGMENT: STATEMENTS DID NOT REFER TO COMMUNICATIONS BETWEEN THE INSURANCE COMPANY’S LAWYER AND ITS CORPORATE REPRESENTATIVES OR DIVULEGE MENTAL IMPRESSIONS, CONCLUSIONS, OR LEGAL THEORIES CONTAINED IN TRIAL PREPARATION DOCUMENTS CONCERNING THE ISSUE OF INTENT

Markel American Insurance Company v. Baker, ___ So. 3d ___, 39 Fla. L. Weekly D2437 (Fla. 5th DCA November 21, 2014)

An insurance company did not waive the attorney-client privilege by seeking reformation of a Cunningham agreement.  The court held that “the filing of a reformation action, which . . . involves a question of intent, does not automatically … Click To Read Full Case Law Review...

INSURANCE: BAD FAITH: CIVIL PROCEDURE: DISCOVERY: COMMUNICATIONS BETWEEN AN INSURANCE COMPANY AND ITS LAWYER IN THE UNDERLYING CASE ARE NOT DISCOVERABLE DURING THE BAD FAITH CASE; APPEALS: CERTIORARI

GEICO General Insurance Company v. Moultrop, ___ So. 3d ___, 39 Fla. L. Weekly D2215 (Fla. 4th DCA October 22, 2014)

The trial court, in a bad faith case, ordered an insurance company to produce communications between the insurance company and its lawyer in the underlying case “unless [the communications] pertained to bad faith aspects of the case.”  The … Click To Read Full Case Law Review...

INSURANCE: UNINSURED MOTORIST COVERAGE: FIRST PARTY BAD FAITH: AMENDMENT OF PERSONAL INJURY COMPLAINT TO ADD CLAIMS FOR UNINSURED MOTORIST BENEFITS AND FIRST PARTY BAD FAITH; APPEALS: CERTIORARI: TRIAL COURT DID NOT DEPART FROM ESSENTIAL REQUIREMENTS OF LAW BY ABATING, RATHER THAN DISMISSING, PREMATURE CLAIM FOR FIRST PARTY BAD FAITH: LOSS OF RIGHT TO REMOVE CASE TO FEDERAL COURT RESULTS IN IRREPARABLE INJURY, BUT IRREPARABLE INJURY, STANDING ALONE, IS INSUFFICIENT TO JUSTIFY CERTIORARI RELIEF

Safeco Insurance Company of Illinois v. Beare, ___ So. 3d ___, 39 Fla. L. Weekly D1987 (Fla. 4th DCA September 17, 2014)

After the plaintiff settled her personal injury case against the tortfeasor, she amended her complaint to add claims for uninsured motorist benefits and first party bad faith.  The uninsured motorist carrier moved to dismiss the bad faith … Click To Read Full Case Law Review...

INSURANCE: UNINSURED MOTORIST BENEFITS: FIRST PARTY BAD FAITH: DURING BAD FAITH TRIAL, UNINSURED MOTORIST CARRIER MAY NOT RELITIGATE THE AMOUNT OF DAMAGES AWARDED IN THE PERSONAL INJURY TRIAL; APPEALS: AMOUNT OF DAMAGES AWARDED BY THE JURY IN PERSONAL INJURY TRIAL SHOULD BE REVIEWABLE AFTER TRIAL OF THE PERSONAL INJURY CASE OR, ALTERNATIVELY, AFTER TRIAL OF THE BAD FAITH CASE

GEICO General Insurance Company v. Paton, ___ So. 3d ___, 39 Fla. L. Weekly D1988 (Fla. 4th DCA September 17, 2014)
After she settled her personal injury claim against the tortfeasor for the $10,000 liability insurance limits, the plaintiff demanded her uninsured motorist policy limits of $100,000.   The highest amount the carrier offered to pay was $5,000.  The lowest amount … Click To Read Full Case Law Review...