CSK Appellate Defense
Tampa Partner David Borucke
Case Summary
In Pasco County, the Plaintiff, representing a deceased bicyclist’s estate, sued the Defendant, an insurance company, for bad faith after a fatal accident. The Defendant promptly offered the full policy limits to settle, but the Plaintiff— represented by counsel —returned the checks and later pursued a wrongful death claim. A jury entered a verdict in favor of the carrier finding that Plaintiff had not proved that bad faith conduct was the cause of damage.
Appellate Strategy
Mr. Borucke argued that the Defendant acted promptly and appropriately, repeatedly offering to settle. Defendant maintained the Plaintiff’s actions—not the Defendant’s conduct—led to the excess judgment, and that there were no complaints about the adjuster’s behavior at the time.
Decision
The jury determined that the Defendant’s conduct did not cause the excess judgment. This decision reinforces that, in Florida, Plaintiffs must prove not only bad faith but also that the insurer’s actions directly caused their damages—making it more challenging to prevail over bad faith claims.
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