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Appeals Decisions Give New Ground for Bad-Faith Claims But Support PIP Rules

Appeal courts handed a down potentially costly ruling for auto insurers in Florida, along with some further clarity on the maximum medical costs insurance companies can choose to pay after an accident.

First, the U.S. 11th Circuit Court of Appeals last week deviated from its own previous decision and found that a settlement’s consent judgment, not only a court verdict, can be considered an “excess judgment” that can be used as grounds for a bad-faith claim against the insurance company.