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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
October 9, 2016

Florida Jury’s Verdict 130 Times the Policy Limits, But No Bad Faith

Summary: Liberty Insurance insured Lisa Mottsey had loaned her car to her daughter who in turn let her boyfriend drive. While driving down a county road Mottsey’s car was passed by Zisa driving at a “reasonable speed.” Zisa struck three pedestrians walking side-by-side down a dark county road wearing dark clothes without any illumination resulting in two deaths and one serious injury. Mottsey had limits of $10,000 per person and $20,000 per occurrence. After a $1.3 million jury verdict was returned against Mottsey’s driver and the passing driver assessing 38 percent of the responsibility to Mottsey’s driver, Mottsey’s bad faith claim was assigned to the estate of the plaintiff who pursued a Powell claim against Liberty. The federal court judge granted summary judgment in favor of Liberty.