Matthew Scarborough

Bad Faith

  • By: Scarborough Attorneys at Law
  • Published: November 27, 2012
In Lunas v. Cooperativa, 37 Fla. L. Weekly D2568, 2nd DCA, November 2, 2012, the Second District Court of appeal reversed the trial court's order granting a motion to enforce settlement between an insurer and insured.  In this sinkhole case, the insured demanded to settle a claim requesting two checks: one payable to the insured and mortgagee and the other to the…Read More

  • By: Scarborough Attorneys at Law
  • Published: September 3, 2010
Recently I mistakenly received a request to attend a Plaintiff’s bad faith seminar entitled “Bad Faith Insurance Summit”. As I represent insurers in these matters I could not go. To all my friends in the insurance industry, take a second to look at the link (www.360advocacy.com) describing the seminars at the summit presentation. The topics include: Recognize, preserve and strategize…Read More

  • By: Scarborough Attorneys at Law
  • Published: June 2, 2010
While researching  “reported” jury verdicts on bad faith matters I ran across a  striking statistic: roughly 87% of the reported decisions were favorable to Plaintiff’s. Any kind of bad faith trial, especially an insurer’s defense verdict seems to be a rare commodity these days. With increased training for claims staff over the last several years (see SHM’s list of Florida…Read More

  • By: Scarborough Attorneys at Law
  • Published: May 30, 2010
The Supreme Court of Florida addressed an important bad faith issue in the Perrara v. United States Fidelity and Guarantee Company, matter on May 6, 2010.  The case came to the Supreme Court after the Eleventh Circuit certified the following question to the Supreme Court: “May a cause of action for third-party bad faith against an indemnity insurer be maintained…Read More

  • By: Scarborough Attorneys at Law
  • Published: May 26, 2010
Though Florida courts regularly deny summary judgment motions in bad faith cases on the basis that such claims present questions of fact appropriate only for jurors, the court in Shin Crest Pte, Ltd. v. AIU Ins. Co.¸605 F. Supp. 2d 1234 (M.D. Fla. 2009), boldly granted such a motion filed by AIU in a case involving a stipulated judgment of…Read More