On St. Patrick's Day in 2017, in an officially unreported and virtually uncitable decision, In re Hintz (Stalley v. Allstate Ins. Co.), No. 16-14816, 2017 WL 1033670 (11th Cir. March 17, 2017), a plaintiff-appellant argued that the District Court committed reversible error in giving Florida Standard Jury Instructions on Bad Faith.
In particular, the plaintiff-appellant argued in this third-party bad faith case that the insurance carrier bears the burden of proving that there was no realistic possibility of settlement within policy limits when the same carrier rejected a settlement demand in the underlying case.
An Eleventh Circuit panel affirmed the District Court in this case.
Arguing that the giving of Standard Jury Instructions is reversible error is all but an insurmountable hurdle. And so it was here.
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