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In Butler, et al. v. The Travelers Home and Marine Insurance Co., separate fires damaged the homes of Miriam Butler and Joseph Stewart. Each home was insured by a Travelers-related.
Casualty Insurance
. Co., 584 So. 2d 12, 14 (Fla. 3d DCA 1991), a Florida appellate court held that “an offer to settle is not a prerequisite to the imposition of liability for an insurer’s bad faith refusal to settle, but is merely one factor to be considered.” The Court explained “[w]here liability is clear, and injuries so serious that a judgment in excess of the policy limits is likely, an insurer has an affirmative duty to initiate settlement negotiations.” From its name, a lawsuit for third-party bad faith where the claimant never offered to settle at or below the applicable coverage limits became known as a “
An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property damage under a liability policy is the number of occurrences.
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On December 31, 2020, the Florida Supreme Court issued an opinion amending Florida Rule of Civil Procedure 1.510 governing summary judgment proceedings, to adopt the summary judgment standard articulated by the United States Supreme Court in
Celotex Corp. v. Catrett, 477 U.S. 317 (1986);
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986);
Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986), but without making substantive changes to the rule. The court made the effective date May 1, 2021, to allow for comments from the public.
After receiving comments and hearing oral argument, the court issued an opinion further amending rule 1.510, to adopt the text of the federal summary judgment rule itself. The effective date of the amendments remains May 1, 2021. In making these additional amendments, the court was persuaded by the majority of the comments received that the best way to implement the