The Florida Supreme Court handed down a ruling on May 14, 2015, that has shaken up the state’s insurance industry. The court has found that state law bars policyholders from suing Citizens Property Insurance Corp. for bad faith.
We find ourselves making reference to television ads and F. Scott Fitzgerald today. The first appears in the title of the post, which, of course, refers to the Geico ads in which the adorably charming Geico Gecko cheerfully informs us that 15 minutes will save us 15 percent on our auto insurance. The second comes in the form of an observation we are certain others share: California is different from you and me … and Florida.
Insurance is big business, and insurance companies have significant resources to fight back against claims of bad faith. These are claims that the insurance company put its own profit concerns above the interests of policyholders.
As we said when we started this series of posts, it is rare to find news stories about insurance bad faith cases. This case, against Nationwide Mutual Insurance Co., is remarkable because of the punitive damage award — the $18 million referred to in the headline. That is a drop in the ocean for such a big company (Nationwide reported net income of $1.35 billion for 2013), but, then, the initial claim was worth just $25,000.
A woman we know remembers being in a two-car accident. Her vehicle was drivable, but there was significant damage. When it came back from shop, everyone agreed that it just didn’t drive or ride as well. It was soon a family joke to comment that the Jeep just hadn’t been the same since the accident.
We are talking about a bad faith case against Nationwide Mutual Insurance Co. The policyholders won the most recent round in the years-long litigation, with the court ordering Nationwide to pay $18 million in punitive damages. Nationwide is appealing that decision.
We don’t often have the chance to discuss a bad faith lawsuit against an insurance company. The cases may settle out of court, or they may not be interesting enough to get the attention of even legal periodicals. Whatever the reason, an excellent example of bad faith crossed our desks in a case about a couple’s decades-long fight over an auto claim.
New legislation is now heading to the office of our Florida Governor. If passed, it would prohibit insurance companies from using credit information to deny homeowner claims.
We are talking about a bad faith lawsuit that settled for $18 million. The case is not from Florida, but, as we said in our last post, it’s rare for even legal periodicals to write about these cases. That is not to say, however, that bad faith litigation is rare.
It isn’t often that an insurance bad faith lawsuit finds its way into the news, so when one does come up we jump at the opportunity to talk about it — even if it has nothing to do with Florida.
