Even if in a given case the Court can assume that an insurance company has acted in bad faith, there must still be proof at least sufficient to take the case to the jury that the insurance company's alleged bad-faith conduct caused the damages, in the case of a liability insurance company defendant, caused the excess judgment. See Messinese v. USAA Casualty Ins. Co., 2014 WL 2916451 *5 (M.D. Fla. May 22, 2014), in which the District Court granted the defendant insurance company's motion for summary judgment, holding in part:
Even assuming that Plaintiffs have produced evidence from which a jury could find that USAA breached its duty of good faith by (a) failing to timely advise Mr. Adams of the possibility of an excess judgment and (b) withholding the homeowner's policy from Plaintiffs, the undisputed facts show that these actions by USAA did not cause or contribute to the excess judgment.
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