Insurance law is, at its core, a law of relationships. Whether land-based or maritime, every policy rests on an expectation of honesty, transparency, and fairness. Yet the way the law defines good faith—and the consequences for bad faith—differs markedly depending
Avoiding Insurance Bad Faith
Avoiding Insurance Bad Faith, published by Cozen O'Connor, focuses on legal issues surrounding insurance bad faith claims. The blog covers court rulings on insurer conduct, procedural aspects of bad faith litigation, and the fiduciary duties insurers owe to their insureds. It addresses topics such as claims handling practices, settlement negotiations, and the impact of emerging technologies like artificial intelligence on claims processing. The blog also discusses state-specific developments in bad faith law, including tort reform and evidentiary standards in insurance disputes. It serves as a resource for understanding insurer obligations, insured rights, and litigation strategies in bad faith contexts.
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11th Circuit Rules GEICO did Not Act in Bad Faith in Handling Auto Accident Claim
By Juan Garrido
In the recent decision of Martinez v. GEICO Casualty Insurance Company, 2025 WL 2699231 (11th Cir. Sept. 23, 2025), the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s order granting summary judgment for GEICO Casualty Insurance…
When Algorithms Deny: AI and the New Frontier of Bad Faith
As industries across the board adopt artificial intelligence (AI), insurers have likewise recognized its potential to enhance efficiency in claims administration. Yet with this opportunity comes tension: consumers expect both swift resolution of claims and individualized attention. AI can help…
Texas Supreme Court Reaffirms Procedure for Litigating Bad Faith Claims in UM/UIM Cases
In In Re State Farm Automobile Insurance Co. and Lindsey Nicole Dessart, 712 S.W.3d 53 (Tex. 2025), the Texas Supreme Court clarified the proper procedure for litigating bad faith claims related to uninsured/underinsured motorist (UM/UIM) coverage.
Mara Lindsey alleged that…
Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence
In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly admitted irrelevant…
Georgia’s 2025 Tort Reform: What Businesses, Insurers, and Litigators Need to Know
In recent years, Georgia has earned a prominent—and troubling—spot on the American Tort Reform Association’s annual “Judicial Hellholes” list,[1] drawing national attention to the state’s increasingly unpredictable and plaintiff-friendly litigation climate. This designation has galvanized momentum among lawmakers, businesses,…
Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale
Introduction
The 2023 amendments to Florida Statute § 624.155, enacted through HB 837, significantly reshaped the landscape of bad faith litigation in Florida. Among the most consequential changes were the additions of two key provisions—§§ 624.1551 and 624.155(6)—both aimed at…
The Latest On Louisiana’s Bad Faith and Claims-Handling Statutes
On July 1, 2024, the widespread changes to Louisiana insurance law took effect after Governor Jeff Landry signed Senate Bill No. 323 into law as “Act No. 3” (hereafter, the “Act”). With the first anniversary of the Act rapidly approaching,…
Fifth Circuit Reaffirms Appraisal and Bad Faith Jurisprudence as Policyholders Continue to Probe for Opportunities
The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability under contract but not under…
Troung v. Sanders: Matter of First Impression by the Louisiana Circuit Court of Appeals on “Betterment Deductions” in Third-Party Property Damage Claims
In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims.[1] Louisiana law allows for a betterment…