terry's takes
Filtered by category: preservationMarch 7, 2024
general, preservationChiarella v. Ford
Florida courts remind plaintiff attorneys: when a jury verdict appears legally inconsistent, counsel must specifically request that the court resubmit the case to the jury before discharge to preserve the issue for appeal. In a recent negligence case, the jury's findings seemed contradictory, as it attributed the plaintiff's spinal surgery to the defendant's negligence but found no permanent injury. Despite an objection, the lack of a direct request for the jury to reconsider led the DCA to affirm the trial court’s decision, highlighting the need for specific procedural steps to address inconsistent verdicts.
read moreJune 20, 2023
11th circuit court of appeals, preservation, summary judgement standardAmerican Builders Insurance Company v. Southern-Owners Insurance Company
The Eleventh Circuit upheld a ruling finding Southern-Owners Insurance Company liable for bad faith after failing to settle a catastrophic injury claim involving its insured. In the case, Southern-Owners delayed investigation and settlement, leading American Builders Insurance Company to step in and settle the claim. Southern-Owners contended American Builders breached the contract by not securing consent, but the court ruled Southern-Owners lacked diligence and failed to meet Florida’s consent requirements. The decision emphasizes an insurer’s duty to act promptly and prioritize the insured’s interests to avoid excess judgments.
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