In a new ruling apparently reversing an emerging rule in Florida, a Federal District Judge has held on the 12th issue raised in an insurance carrier's motion in limine that evidence of the liability insurance company's litigation conduct would be irrelevant in a bad-faith-in-settlement case in Florida:
L. GEICO's Behavior in this Action
GEICO believes that Plaintiffs may attempt to offer evidence that GEICO acted in bad faith in the present action, specifically in the handling of discovery. GEICO argues that the contentious discovery disputes in this case are irrelevant to a determination of whether GEICO acted in bad faith in the handling of Anderson's claim. The Court agrees and grants GEICO's motion on this issue.
Gonzalez v. GEICO General Ins. Co., No. 8:15-cv-240-T-30TBM, 2016 WL 7157551, at *4 (M.D. Fla. December 8, 2016).
Appearances can be deceiving, however. See whether this in-limine ruling fits within decided Florida and national case law analyzed at length in 2 Dennis J. Wall, Litigation and Prevention of Insurer Bad Faith § 9:6 (3d ed. Thomson Reuters West, with 2016 Supplements).
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