11th Circuit Court of Appeals News

Lloyd’s Owes $3M in Prejudgment Interest for Late Payment of D&O Claim

Lloyd’s of London underwriters must pay more than $3 million in pre-judgment interest in addition to the $10 million the syndicate has already paid in damages for the wrongful acts of the former directors of a bank that was declared …

Plaintiff Given 2nd Chance at $12M Award After Insurer Ignores $10K Settlement Offer

A Florida accident victim gets a second chance to compel an auto insurer to pay a $12.7 million judgment as a consequence of failing to respond to a $10,000 settlement offer, under a decision Tuesday by a federal appellate court. …

11th Circuit Reverses Verdict in Subrogation Claim by Agency’s E&O Carrier

A federal appellate court threw out a Florida jury verdict that would have required a Liberty Mutual unit to pay $1.6 million in damages for failing to defend an independent insurance agency against a lawsuit that accused it of failing …

11th Circuit: Insurer Missed Deadline to Remove Bad Faith Case to Federal Court

Darryl A. Vachon did not accuse Travelers of bad faith in handling his $25,000 uninsured motorist claim until after a jury found he had incurred $1,022,780 in damages. Because he didn’t, the insurer must now defend itself against a million-dollar …

11th Circuit Leaves it to Alabama to Decide if Pollution Exclusion Applies to Carbon Monoxide Deaths

National Trust Insurance Co. contends that a pollution exclusion in a policy it sold to an Alabama furnace-repair company excludes coverage for a wrongful death claim caused by carbon monoxide poisoning. The Indiana-domiciled carrier won’t be able to test that …

11th Circuit Adds to Plaintiff Losing Streak for COVID Business Interruption Claims

Another federal appellate court has ruled against a policyholder who sought coverage for business interruption losses caused by coronavirus restrictions, siding with the vast majority of federal judges in ruling that SARS-CoV-2 does not cause a direct physical loss or …

11th Circuit: Discovery May Include Executives for Insurer Accused of Disability Discrimination

A woman pursuing a disability discrimination claim may depose senior executives at the insurance company that fired her, a federal appellate court ruled Monday, overturning a decision by federal judge in Alabama. Montgomery attorney Julian McPhillips said the 11th Circuit …

Viewpoint: 11th Circuit Ruling Reminds Insurers to Tread Carefully When Settling Multiple Claims

Insurers handling claims in Florida often feel like they are fighting an uphill battle to avoid bad faith lawsuits arising from the alleged failure of an insurer to act in good faith when settling a liability claim against the insured. …

After Refusing $30K Settlement Offer, Bad Faith Suit May Cost GEICO $2.7M

More than eight years after Bonnie Winslett tore up and threw away a summons that notified her she was being sued, the Georgia Supreme Court is being asked to resolve questions of law that will determine whether GEICO Indemnity Co. …

Court Says Experts Not Needed to Prove Hurricane Damage, Revives Church’s Claim

A ruling Wednesday by the federal appellate court in Atlanta resolves new twists in a type of dispute that invariably arises between property owners and insurers after every hurricane: Was the damage caused by floodwaters or wind? The 11th Circuit …