Date: 07-28-2023

Case Style:

Carlos Lopez v. GeoVera Specialty Insurance Company

Case Number: 1:22-cv-22912

Judge: Darrin P. Gayles

Court: United States District Court for the Southern District of Florida (Miami-Dade County)

Plaintiff's Attorney: James DeMiles and Kellie Peterson

Defendant's Attorney: Joseph Vincent Manzo

Description: Miami, Florida insurance law lawyers represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory.

Florida has a strong bad faith law that protects insureds from insurance companies that act in bad faith. Bad faith in the context of insurance law means that an insurer has acted with intentional or reckless disregard for the rights of its insured.

There are two types of bad faith claims in Florida: first-party bad faith and third-party bad faith.

First-party bad faith occurs when an insurer unreasonably denies or delays a claim made by its own insured. For example, an insurer might deny a claim for property damage because it believes that the insured's loss was not covered by the policy.
Third-party bad faith occurs when an insurer unreasonably fails to defend or settle a claim made against its insured by a third party. For example, an insurer might refuse to defend an insured in a personal injury lawsuit because it believes that the insured is liable for the accident.

To prove bad faith in Florida, an insured must show that the insurer:

Had a duty to act in good faith
Breached that duty
The breach caused the insured damages

The damages that an insured can recover for bad faith include:

The amount of the claim that was denied or delayed
Punitive damages
Attorneys' fees

If you believe that your insurance company has acted in bad faith, you should speak to an attorney. An attorney can help you determine if you have a valid bad faith claim and can represent you in a lawsuit against your insurance company.

Here are some examples of bad faith insurance practices in Florida:

Denying a claim without a reasonable investigation
Failing to timely investigate a claim
Failing to provide prompt payment on a claim
Offering a settlement that is far below the value of the claim
Stalling or delaying the claims process
Withholding information from the insured
Lying to the insured

If you believe that your insurance company has engaged in any of these practices, you should contact an attorney to discuss your legal options.

Outcome: 07/28/2023 17 NOTICE of Settlement by GeoVera Specialty Insurance Company (Manzo, Joseph) (Entered: 07/28/2023)
07/28/2023 18 PAPERLESS ORDER administratively closing case in light of 17 the Notice of Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles (hs01) (Entered: 07/28/2023)

Plaintiff's Experts:

Defendant's Experts:

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