PERSONAL INJURY CORNER
Bad Faith Jury Instruction ( Continued )
TED BABBITT
While the court stated that not every bad faith jury instruction need be as detailed and expansive as the one that the Plaintiff proposed , they cited that instruction with approval and an argument could be made that a similar instruction should be given in just about every bad faith case where both the issue of bad faith refusal to settle and failure to advise the insured are in issue .
The 11th Circuit ’ s support of Plaintiff ’ s requested jury instruction is given more weight because the facts of the case heavily favored the insurer rather than the Plaintiff . It was clear that Direct General had attempted to settle this case for almost two years and that Plaintiff limited acceptance of that settlement to only two weeks , but the fact remains that during that two weeks the insured heard nothing about a settlement offer and there was no evidence that either of the insureds were informed of the offer during that time . The 11th Circuit relied heavily on Boston Old Colony Insurance Co . v . Gutierrez , 386 So . 2d 783 ( Fla . 1980 ), approving the fact that Plaintiff ’ s requested instruction quoted heavily from that case .
Because the court found that failure to give an instruction , such as that requested by the Plaintiff , correctly stated the basis for his “ failure to advise ” theory of liability , the failure to give that instruction caused prejudice , and therefore , the defense verdict had to be reversed and remanded for a new trial .
Adam Rabin arabin @ rkjlawgroup . com
Rabin Kammerer Johnson congratulates the firm ’ s former partner , Ryon McCabe , on his investiture as a U . S . Magistrate Judge .
The firm also welcomes its new partner Christopher Kammerer and
congratulates Lauren Johnson on becoming a name partner .
Complex Business Litigation l Whistleblower / Qui Tam Litigation Securities Arbitration l
Christopher Kammerer ckammerer @ rkjlawgroup . com
Lauren Johnson ljohnson @ rkjlawgroup . com
Havan Clark hclark @ rkjlawgroup . com
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PBCBA BAR BULLETIN 13