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Bad Faith Blog

We cover current issues, highlights and best practices exclusively on claims of bad faith and extra contractual damages.

Bad Faith Blog
February 27, 2019

Florida Supreme Court Holds Insurance Carrier Liable for Bad Faith and Excess Judgment Claims Handling Conduct Occurring After Policy Limits were Tendered

The Florida Supreme Court, in reversing an appellate court and disagreeing with federal precedent, held that a carrier could be liable for an excess judgment against the insured due to its bad faith conduct in handling a claim after it offered to tender its policy limits.

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Bad Faith Blog
July 3, 2018

Insured’s Bankruptcy Does Not Shield Insurer From Bad Faith Claim In Excess Of Limits Under Georgia Law

Summary: The Court of Appeals of Georgia, relying on Georgia state law and federal bankruptcy statutes, held that the bad faith claim, and the potential for a verdict in excess of policy limits, survived an insured’s bankruptcy. Flanders, et al. v. Jackson. In the underlying tort case, the plaintiff’s 16-year-old son was a passenger in the insured’s vehicle when the insured lost control while traveling at excessive speed, careening off the road, flipping, and ejecting the 16-year-old from the backseat, causing his death.

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