Alice Weeks

Alice Weeks

September 30, 2022 | Daily Business Review

11th Circuit Rescinds Prior Restriction on Excess Judgments for Bad Faith Claims

In a recent string of opinions, the U.S. Court of Appeals for the Eleventh Circuit has corrected and clarified the requirements for a bad faith claim under Florida law, concluding in a decision in favor of policyholders that establishes that a consensual settlement and acceptance of a proposal for settlement qualify as "excess judgments," satisfying the causation requirement for bad faith claims.

By Walter Andrews, Andrea DeField, Veronica Adams and Alice Weeks

5 minute read

September 16, 2022 | Daily Business Review

Eleventh Circuit Rescinds Prior Restriction on Excess Judgments for Bad Faith Claims

In McNamara, the court held that a final judgment that exceeds all available liability policy limits, whether such judgment results from a jury verdict or a consensual settlement, constitutes an "excess judgment" that can be used to satisfy the causation requirement of an insurer bad faith claim in Florida.

By Walter Andrews, Andrea DeField, Veronica Adams and Alice Weeks

5 minute read