Failure to settle compensatory damages claim for policy limit, despite carve-out for punitive damages claim, amounts to bad-faith under totality of the circumstances standard.

Safeco Ins. Co. of Illinois, Appellant v. Rebecca L. Heikka, Appellee, Fla. 4th DCA, Nos. 4D2022-2969 and 4D2023-1916, November 6, 2024; Consolidated Appeals from Circuit Court for 17th Judicial Circuit, Broward Co., Judge C.A. Rodriguez, Case No. CACE 07-008440

Florida’s Third District Court of Appeal rules insurance carrier had duty to defend.

Fernandez v. Old Republic Nat’l Title Ins. Co., Fla. 3d DCA, No. 3D23-1088, December 4, 2024 

Without deciding whether the 4^th District Court reached the correct result under Fla. Stat. §627.7252(2)(a)4’s actual text, the 1^st District Court reached a different conclusion, where the alleged facts could not be determined on a motion to dismiss.

Apex Roofing & Restoration LLC a/a/o Monica Williams v. United Auto. Ins. Co., Fla. 1st DCA, No. 1D2022-3990, October 2, 2024

The Sixth District Court of Appeals rules in favor of the insurance carrier, finding that ensuing water damage is not covered under the insurance carrier’s policy language.

State Farm Florida Ins. Co. v. Feltes, Fla. 6th DCA, No. 6D2023-0991, November 27, 2024

Uninsured versus underinsured? There is a big difference, and the jury should know!

GEICO General Insurance Company v. Tsao, Fla. 5th DCA, No. 5D2023-0645, December 6, 2024

Appellate Court finds no settlement contract due to carrier’s conditional settlement offer and failure to finalize performance within a reasonable timeframe.

Esther Lorenzo v. Homeowners Choice Prop. & Cas. Ins. Co., Fla. 3d DCA, No. 3D23-2105, October 30, 2024

Court finds contract invoking direction to pay is an assignment and subject to requirements for assignments in Florida Statute § 627.7152.

Holding Insurance Companies Accountable, LLC. A/A/O Stephen Wells v. American Integrity Insurance Company of Florida, Circuit Court, 5th Judicial Circuit in and for Lake County, Civil

Division, Case No. 2021-CA-00523 

Fifth District Court of Appeal found it was error to apply §627.70152 retroactively to the policy in this case and reversed the summary judgment entered below and remand for further proceedings.

Gary Smith and Nadine Smith v. Universal Property and Casualty Insurance Company, Fla. 5th DCA, No. 5D2023-3381, November 8, 2024

Florida’s Third District Court of Appeal reverses five interlocutory orders in favor of the appellees, leading to a reversal of the final judgment.

Citizens Property Insurance Corporation v. Ramon Arias, et al., Fla. 3d DCA, No. 3D23-0895, December 4, 2024