11th Circuit Court of Appeals News

11th Circuit Asks Fla. Supreme Court if Insurers Can Sue Auto-Glass Shops

The Florida Legislature earlier this year struck a mighty blow for auto insurers in their years-long fight against windshield repair shops, ending assignment-of-benefits and the practice of offering gifts to insureds. Now, the Florida Supreme Court could soon decide another …

11th Circuit: Conflicting Wording Requires Insurers to Share Defense Expenses

When the wording of insurance policies conflict with each other and can’t be reconciled, insurers must share defense expenses, a federal appeals court said in a case that stemmed from lawsuits against school personnel. “The district court concluded that the …

Maritime Law Doesn’t Allow Negligent Contractor to Limit Liability

A construction company whose barges came loose from their moorings during Hurricane Sally and damaged the Pensacola Bay Bridge will have to cope with some 900 claims by businesses and other parties that say they suffered economic damages while the …

Divided Appellate Panel Upholds Total Loss Valuations Using CCC Software

An insurer that used CCC Intelligent Solutions software to determine the payout for a claimant’s vehicle did not violate a Florida law that sets forth only three methods that auto insurers may use to determine actual cash value, a divided …

Fla. ‘Anti-Technical’ Statute Bars Insurer from Denying Claim for Sunken Yacht

Travelers must pay a $2 million claim by the owner of a 92-foot-long yacht that was sunk by Hurricane Irma because Florida law does not allow insurers to deny claims based on inconsequential technicalities. A panel of the 11th Circuit …

11th Circuit Affirms Jury’s Middling Verdict in All-or-Nothing Hurricane Damage Case

Juries that are asked to resolve hurricane-damage disputes often hear widely varying damage estimates from expert witnesses. A decision by a federal appellate court on Monday demonstrates that once a jury decides on a number, insurers may need more than …

Clear Intent to Exclude Named Storms Not Enough to Deny Coverage

In 2015, the Shilo Christian Center in Melbourne, Florida cut its property insurance premiums in half by asking its insurer to drop coverage for named windstorms. Hurricane Matthew struck the next year, ripping the roof of the church and unleashing …

11th Circuit: Insurer Must Pay UIM Claim for Injury Caused by Scooter

State Farm must pay an uninsured motorist claim for injuries caused by an electric motor scooter even though the scooter didn’t match the definition of “motor vehicle” in Florida statutes, a panel of the 11th Circuit Court of Appeals ruled …

11th Circuit Allows Bad Faith Claim Seeking $5M Excess Judgment to Proceed

The poorly executed handoff of a claims file from a retiring claims adjuster to his replacement may have made USAA liable for a $5.2 million excess judgment. A panel of the 11th Circuit Court of Appeals on Tuesday reversed a …

No Coverage for Damages Caused by Contractor’s ‘Wanton’ Negligence, 11th Circuit Rules

An Alabama judge awarded Robert and Mindy Barton $900,000 for actual damages and emotional distress caused by the botched construction of their custom home, but they won’t be able to collect that judgment from the homebuilder’s general liability insurer. The …