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Charles Lemley Featured in Podcast on Bad Faith Liability in Florida

A.M. Best
June 4, 2014

Charles C. Lemley, a partner in Wiley Rein’s Insurance Practice, was interviewed in a podcast published today by A.M. Best about bad faith liability in Florida.

In the interview with A.M. Best, Mr. Lemley weighed in on topics ranging from what makes Florida law governing bad faith different than most states to recognizing and avoiding a bad faith setup.

“The most troubling claims of bad faith in Florida tend to involve allegations that the insurer failed to settle a claim against its insured when a reasonably prudent insurer who was acting in the best interest of the insured would have done so,” Mr. Lemley said.

He added that Florida is different than many states in that “Florida’s law doesn’t require that an insurer reject a demand to settle within policy limits in order to be exposed to bad faith liability. Under Florida law, an insurer may have an affirmative duty to initiate settlement discussions where liability on the part of the insured is clear and injuries are so serious that a judgment in excess of the policy limit is likely.”

To listen to the entire podcast, click here.