BlogLine
Supreme Court of Florida rules bad faith settlements are not collateral sources
11/27/23
Our insurance coverage team members are advisors and advocates for over two dozen carriers throughout the country including major national carriers such as Allianz, Argo, Fidelity National, Hartford, Travelers, Nationwide, Colony and the Berkley Companies.
Our insurance coverage team members are advisors and advocates for over two dozen carriers throughout the country including major national carriers such as Allianz, Argo, Fidelity National, Hartford, Travelers, Nationwide, Colony and the Berkley Companies. We have earned the trust of our clients through our consistent efforts to develop well-reasoned outcomes for insurance carriers in state and federal courts. Our team has handled insurance coverage and bad faith litigation ranging from relatively minor declaratory judgment actions, to major inter-company disputes, to the defense of multi-million dollar bad faith claims. Each member of our team has actual litigation experience outside of the coverage world, so we know what it is like to face high-dollar claims in the defense of product liability, professional liability and personal injury claims. This practical, real-world experience helps us temper our advice with a dose of reality, which gives us an added edge in resolving claims that involve disputed liability as well as coverage questions.
Insurance law operates at the crossroads of risk transfer concepts and the reality of litigation. Insurance professionals need reliable and trusted advocates that have both the intellectual rigor to understand the insurance issues presented by their cases and the experience to guide them through litigation that may be necessary to protect their rights. We welcome the opportunity to serve as your guide.
Collegiate Licensing Co. v. American Casualty Company of Reading, Pa., addressing the “First Filed Rule” to competing declaratory judgment actions in a complex insurance coverage matter
Cotton States Insurance Company v. Brightman, in which the Supreme Court of Georgia set forth the parameters of a “failure to settle” claim including the requirement that there be a demand within policy limits
Hoover v. Maxum Indem. Company, in which the Supreme Court of Georgia considered a bad-faith failure to settle claim involving preservation of coverage defenses
Scottsdale Insurance Company v. Great American Assurance Company, which addressed coverage for indemnity agreements under the “insured contract” exception to the contractual liability exclusion in CGL policies
Maxum Indemnity Company v. Jimenez, which involved whether a contractual liability for a subcontractor’s pipe instillation was a covered “occurrence” under a CGL policy
North American Specialty Insurance Company. v. Pen Pals Productions, LLC, which applied the “mobile equipment” exclusions in a CGL policy issued to a movie production company
Nationwide Mutual Fire Insurance Company v. Dillard House, Inc., which resolved whether an exposure to Legionnaire’s disease was a covered occurrence under a CGL policy
Our attorneys have decades of experience in insurance law and are leaders in the field. They are active members in the Insurance Law Committee of DRI – The Voice of the Defense Bar as well as PLUS, and they regularly publish articles and speak on insurance topics to stay abreast of the latest developments in coverage law and insurance products. One of our attorneys even holds a CPCU designation. Some of our recent articles have addressed whether (and when) insurers should split files between coverage and defense; the substantive and procedural requirements for preserving coverage defenses when defending under reservation of rights; and the evolving standards of the bad faith failure to settle claim.
Ignacio Negrete v. National Unity Insurance Company et. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ.
FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for summary judgment in the United States District Court for the Northern District of Georgia before Judge Steve C. Jones on a claim of negligent failure to settle a bodily injury claim within the monetary limits of an insurance policy. The matter concerned the failure to pay a pre-suit demand on a personal auto insurance policy with limits of $25,000 per person. FMG’s client handled the claim under general agency agreement with the insurer and issued a denial of coverage based on a policy exclusion that the plaintiff contended was not enforceable on public policy grounds. After the demand went unpaid, the plaintiff filed suit against the two purported insureds and secured default judgments exceeding $3 million combined. The plaintiff then filed suit against the insurer and FMG’s client. In granting summary judgment, the court found that FMG’s client, as claims administrator, owed no legal duty to the insureds.
Jennifer C. Adair
Partner
Atlanta, GA
Michael J. Athans
Retired Partner
Atlanta, GA
Marc H. Bardack
Partner
Atlanta, GA | Savannah, GA
Catherine A. Bednar
Partner
Boston, MA
Shawn Bingham
Partner
Atlanta, GA
Julia N. Bover
Associate
New York City, NY | Cherry Hill, NJ
Matthew F. Boyer
Partner
Atlanta, GA
Dan Brunson
Partner
Atlanta, GA
William H. Buechner, Jr.
Senior Counsel
Atlanta, GA | Savannah, GA
Jessica Cauley
Associate
Tampa, FL
Breandan Cotter
Associate
Atlanta, GA
Nicholas Directo
Associate
Los Angeles – Downtown, CA
Christopher G. Donnelly
Associate
Newark, NJ
Ben N. Dunlap
Partner
Boston, MA
Marissa A. Dunn
Associate
Atlanta, GA
Donald Patrick Eckler
Partner
Chicago, IL
Lance P. Felicien
Associate
Houston, TX
Kyle A. Ference
Associate
Atlanta, GA
Amanda M. Figueroa
Associate
Los Angeles – Downtown, CA
Marc E. Finkel
Partner
Boston, MA | Providence, RI | Hartford, CT
Amy E. Frantz
Partner
Chicago, IL
Meredith Freidheim
Associate
Atlanta, GA
Jessica L. Gillis
Associate
Cleveland, OH
Michael P. Giunta
Partner
Boston, MA
Joseph Gonnella
Associate
San Diego, CA
Curt M. Graham
Partner
Lexington, KY
Jay Graif
Partner
Phoenix, AZ | Denver, CO | Albuquerque, NM
Kelsey C. Greene
Senior Counsel
Los Angeles – LAX, CA
Michael Griffin
Partner
Boston, MA
Sean C. Harrison
Associate
Lexington, KY
Lorne G. Hiller
Associate
Nashville, TN | Denver, CO
Doug Holthus
Partner
Columbus, OH
Lisa R. House
Senior Counsel
Columbus, OH | New York City, NY
Julie B. Karron
Partner
Ft. Lauderdale, FL | Tampa, FL
Kevin G. Kenneally
Partner
Boston, MA
Glenn A. Klinger
Senior Counsel
Chicago, IL
Brian C. Koeppen
Associate
Houston, TX
Erin E. Lamb
Senior Counsel
Philadelphia, PA
Tyler J. Lindberg
Senior Counsel
Los Angeles – Downtown, CA
Peter Ma
Associate
San Francisco – Walnut Creek, CA
Dana K. Maine
General Counsel
Atlanta, GA | Savannah, GA
Thomas K. McCraw
Partner
Boston, MA
Taylor McDougall
Associate
Los Angeles – Downtown, CA
Lili Mikaelian
Associate
Los Angeles – Downtown, CA
Barry M. Miller
Partner
Lexington, KY
Joyce M. Mocek
Partner
Atlanta, GA | Savannah, GA
John S. Moot
Senior Counsel
San Diego, CA
Katherine E. Morsman
Associate
Nashville, TN
Todd J. Murgo
Associate
Tampa, FL
Derek R. Noack
Associate
Las Vegas, NV
Gail Orr
Senior Counsel
Los Angeles – Downtown, CA
Paul Piantino
Partner
Newark, NJ | New York City, NY
Steve P. Randall
Senior Counsel
San Francisco – Walnut Creek, CA
Sean Andrés Rapela
Associate
Boston, MA | Providence, RI
Johanna Rehkamp
Senior Counsel
Ft. Lauderdale, FL
Adam P. Reichel
Associate
Atlanta, GA
Megan Ritenour
Partner
Phoenix, AZ | Albuquerque, NM
Craig J. Rolfe
Senior Counsel
Sacramento, CA
Alexia R. Roney
Senior Counsel
Atlanta, GA
Jessica C. Samford
Partner
Atlanta, GA | Savannah, GA
Michael D. Sanders
Partner
Chicago, IL | Chicago, IL
Philip W. Savrin
Partner
Atlanta, GA
Martin S. Schexnayder
Partner
Houston, TX | Dallas, TX
Jonathan Schwartz
Partner
Chicago, IL
John D. Shea
Partner
Newark, NJ | Cherry Hill, NJ | Philadelphia, PA | Boston, MA
Shari S. Shelmadine
Senior Counsel
Chicago, IL
Rachael H. Slimmon
Associate
Atlanta, GA
David A. Slocum
Partner
Boston, MA
Edward Solensky Jr.
Partner
Newark, NJ | Cherry Hill, NJ
Edward Storck
Partner
Hartford, CT
P. Betty Su
Senior Counsel
San Francisco – Walnut Creek, CA
Joseph T. Tripoli
Senior Counsel
Chicago, IL
Michael B. Weinberg
Partner
Boston, MA
Lee D. Whatling
Associate
Atlanta, GA | Savannah, GA
Caroline J. Wu
Associate
Los Angeles – Downtown, CA
Joshua W. Zhao
Associate
Chicago, IL
Matthew F. Boyer
Partner
Atlanta, GA
Barry M. Miller
Partner
Lexington, KY
Philip W. Savrin
Partner
Atlanta, GA
Jonathan Schwartz
Partner
Chicago, IL
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