11th Circuit Court of Appeals News

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 …

11th Circuit Refuses to Open ‘Loophole’ for Cruise Line Lawsuits

A plaintiff’s attorney cannot avoid a showdown with a cruise line at the federal courthouse in Miami simply by pleading the case as an action that does not require the court’s jurisdiction under admiralty law, a federal appellate court ruled …

Insurers Win Again – Mostly – in Antitrust Lawsuits Filed by Body Shops

A federal appellate court threw out most of the claims by automotive body shops in Indiana, Utah and Mississippi that alleged that major insurers violated anti-trust laws and engaged in anticompetitive practices by steering policyholders to “approved” shops. The 11th …

Viewpoint: 11th Circuit Holds No Obligation to Defend Against DOJ Antitrust Investigation

On July 23, the U.S. Court of Appeals for the Eleventh Circuit, in Crowley Maritime Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA held that, because Crowley Maritime Corp. failed to provide timely notice of a claim, National …