... When Injured Claimants Do Not Provide Injury Information, Eleventh Circuit Holds Under Florida Law.
Nothing in Florida law indicates that an insurer breaches its duty to settle by delay when the claimant declines to reveal the scope and severity of his injuries.
Aboy v. State Farm Mutual Auto. Insurance Co., 2010 WL 3394405 *3 (11th Cir. Opinion Filed August 30, 2010; STATED NOT FOR PUBLICATION IN FEDERAL REPORTER)(Westlaw subscription required to access Westlaw).
The Eleventh Circuit gave this further concise conclusion to its opinion in this case:
IV. CONCLUSION
After reviewing the record and the parties' briefs, we conclude that Aboy failed to present evidence creating a genuine issue of material fact regarding State Farm's discharge of duty to its insured. Aboy withheld for months evidence that was necessary for State Farm to use in assessing the scope of his injuries. Upon learning of the likely damages through Aboy's, State Farm acted promptly to settle. In doing so, State Farm discharged its duty to its insured.
[Summary Judgment for the Liability Insurance Company in this case:] AFFIRMED.
Id.
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