For a long time, plaintiffs in bad faith insurance cases reserved the claim until after liability had been determined. Then, they would proceed with filing the bad faith claim. It’s still true that bad faith claims can’t be decided before liability has been established. However, some lawyers in cases where…
Rare is the instance where any auto insurance company is going to offer an injured party a fair settlement straight out of the gate. Obtaining rightful compensation for injuries – including medical bills, lost wages and vehicle damage – almost always requires the intervention of an experienced accident attorney. Those…
When an auto insurance company fails to provide fair, timely coverage to policy holders or others entitled to it, this is called “acting in bad faith.” It means the insurer did not act reasonably in the discharge of the fiduciary duty it owed, and when proven, can result in compensation…
The U.S. Court of Appeals has upheld ruling from a trial court granting summary judgment in favor of an auto manufacturer facing allegations of liability for failure to install a fuel shut-off switch on its cars. In passenger vehicles, a fuel shut-off switch acts to cut power to the engine…
Recently, Florida’s Fourth District Court of Appeal was tasked with considering whether an insurance agent’s misstatement characterizing a customer’s coverage could ultimately result in doubling payout for her injured son. Answer? It’s possible. In Gallon v. GEICO, the primary issue in dispute was plaintiff’s claim of negligent misrepresentation. Plaintiff asserted…
Florida’s Fifth District Court of Appeal has ruled that attorney-client privileges between an at-fault driver and an insurance defense lawyer are still protected, even in third-party bad faith insurance claims. Car accident injury lawyers in Fort Myers note while this appears on the surface to depart from the 2005 Florida…
This year, Florida became one of the last states in the nation to implement a ban on texting while driving. The new measure was welcome, but it’s still rather weak. For one thing, the action is considered only a secondary offense, meaning an officer must have some other reason to…
Although expert witnesses are not required in Naples car accident lawsuits as they are in medical malpractice cases, use of an expert witness can sometimes make or break a case. However, in order to be considered an “expert,” a person must meet certain criteria for the purported field of study.…
A second Florida appellate court has certified a question to the state supreme court regarding whether a defendant must have actual knowledge of a crash in order to be criminally charged with leaving the scene of an accident involving death. Florida’s First District Court of Appeal, in Cahours v. Florida,…
Another state supreme court has struck down the so-called “family step-down provision” so prevalent in auto insurance contracts across the country. Unfortunately, that state supreme court that took this step wasn’t ours, but South Carolina’s. Still, the recent ruling in Williams v. GEICO sets an important precedent that our Lehigh…