Bad Faith Blog

Suit sought recovery for STD infection contracted in insured’s auto.

Summary: In Moore, the Eleventh Circuit reversed the district court’s grant of summary judgment in GEICO’s favor. GEICO’s failure to submit an affidavit and detailed release requested by claimant’s counsel created an issue of material fact regarding its alleged bad faith conduct, precluding summary judgment.

Summary: Kelly Paton was injured when her vehicle was struck by an underinsured driver (“UIM”). At the time, Paton was covered by an insurance policy issued by GEICO. GEICO failed to pay the full amount due under the UIM provision and Paton filed suit. Paton obtained a jury verdict in her favor on a breach of contract and a bad faith claim. As the prevailing party, Florida’s bad faith law entitled Paton to attorneys’ fees. Paton then served discovery requests on GEICO seeking to obtain GEICO’s billing and time records and lodestar fee interrogatories. GEICO objected, arguing that the records were privileged and irrelevant. The trial court overruled GEICO’s objection, but the Court of Appeals quashed the trial court’s orders requiring GEICO to produce the time records.

Summary: The plaintiff was injured while operating a vehicle insured by GEICO. The plaintiff obtained the policy limits from the tortfeasor’s insurer and then made a claim under the SUM endorsement of the GEICO policy. GEICO denied the claim, and the plaintiff alleged GEICO unreasonably refused payment.