Eversheds Sutherland 11th Circuit Business Blog
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Insurer Not Bound by Settlement That Insured Negotiated in Bad Faith

Under Florida law, a settlement may not be enforced against an insurer where its insured did not negotiate in good faith, thus failing to adequately represent the interests of the party that would ultimately have to pay the settlement. The Eleventh Circuit, in an opinion published November 17, 2016, Sidman v. Travelers Casualty & Surety, 2016 WL 6803034, affirmed the district...

“Not an Insured” Defense Prevails Despite Absence of Prior Reservation of Rights

In an unpublished per curiam decision, Travelers Cas. & Surety Co. v. Stewart, the Eleventh Circuit rejected an argument that an insurance company was barred by the Georgia Supreme Court’s decision in Hoover v. Maxum Indem. Co., 730 S.E.2d 413 (Ga. 2012) from raising the defense that an individual was not an insured under the relevant homeowners policy where the alleged insured had...

Summary Judgment Vacated in Bad Faith Case

This week the Eleventh Circuit, applying Florida law, vacated summary judgment in favor of the defendant insurer in a case alleging bad faith for failure to communicate a settlement offer. Hinson v. Titan Ins. Co., ___ Fed. App’x ___, 2016 WL 4169117 (Aug. 8, 2016) .  The insurer received the offer, dated December 21, 2007 and including among other things a requirement that the...