Predictions are risky things. I thought that the change in composition of the Florida Supreme Court that decided Harvey v. GEICO Gen. Ins. Co., 259 So. 3d 1 (Fla. 2018), which I have described in Volume 1 of DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH (West Publishing Co. 3d Edition, 2024 Supplements in process), would render the Harvey case as a weak precedent to follow. Judges in different Courts disagree, particularly in Federal cases involving Florida law, in which Harvey has been followed as guiding precedent: E.g., Pelaez v. Gov't Emp's Ins. Co., 13 F.4th 1243, 1254 (11th Cir. 2021), cert. denied, 142 S. Ct. 1672 (U.S. April 18, 2022); Wiseman v. Progressive Paloverde Ins. Co., No. 8:21-cv-2743-TPB-AAS, 2023 WL 8877842, at *10 (M.D. Fla. Dec. 22, 2023), app. docketed, No. 24-10187 (11th Cir. Jan. 19, 2024); Colello v. GEICO Gen. Ins. Co., ___ F. Supp. 3d ___, No. 6:22-cv-1262-RBD-RMN, 2023 WL 6850954, at *2 (M.D. Fla. Oct. 13, 2023), app. docketed, No. 23-13689 (11th Cir. Nov. 6, 2023).
Please read the disclaimer. This blog article ©2024 Dennis J. Wall. All rights reserved.
Comments