While researching “reported” jury verdicts on bad faith matters I ran across a striking statistic: roughly 87% of the reported decisions were favorable to Plaintiff’s. Any kind of bad faith trial, especially an insurer’s defense verdict seems to be a rare commodity these days. With increased training for claims staff over the last several years (see SHM’s list of Florida approved seminars) I question why these cases are still settled after reviewing claim files and the underlying defense attorney’s file. As we know, those on the Plaintiff’s side will not be putting down their legal briefs or marketing their services to other plaintiff’s lawyers without a real reason to do so. The following will be an ongoing blog entry on a trial of the bad faith claim and how the training and preparation of the same will assist the entire insurance industry from more of these claims in the future. Continue reading »
Though Florida courts regularly deny summary judgment motions in bad faith cases on the basis that such claims present questions of fact appropriate only for jurors, the court in Shin Crest Pte, Ltd. v. AIU Ins. Co.¸605 F. Supp. 2d 1234 (M.D. Fla. 2009), boldly granted such a motion filed by AIU in a case involving a stipulated judgment of $12 million. Continue reading »