No Duty to Accept Offer Five Times Policy Limit

0
3K

No Duty to Accept Offer Five Times Policy Limit

Read the full article at https://lnkd.in/grFd6ZjY and see the full video at https://lnkd.in/gDjUUgRp and at https://lnkd.in/g8tPs8mC and at https://zalma.com/blog plus more than 4600 posts.

Insurer Not Obligated to Commit Insurance Claims Suicide

Benjamin D. Markuson, Erik Saterbo, and Stephen Saterbo v. State Farm Mutual Automobile Insurance Company, an Illinois corporation; Crawford Law Group, P.A., a Florida corporation; and Larry Walker, No. 2D21-2443, Florida Court of Appeals, Second District (September 15, 2023)

Benjamin Markuson and Erik and Stephen Saterbo appealed the of summary judgment based upon the trial court’s conclusion that State Farm was under no legal duty to its insured to accept any or all of the three proposals for settlement made by Mr. Markuson.

FACTUAL BACKGROUND

The underlying case arises from a 2006 automobile accident involving Erik Saterbo and Mr. Markuson. At the time of the accident, Erik was operating a vehicle owned by his father, Stephen. Due to his injuries, Mr. Markuson sued the Saterbo. The Saterbos had an insurance policy with State Farm which provided policy limits of $300,000.00 against liability for bodily injuries sustained in an auto accident. And on January 15, 2009, State Farm authorized the Crawford Law Group, P.A.-the firm retained by State Farm to defend the Saterbos-to make a settlement offer to Mr. Markuson to resolve his case for the policy limits. The offer was not accepted.

Instead, in 2011 and 2012, Mr. Markuson issued two settlement offers to State Farm’s insureds (the first, oral; the second, written) that were largely indistinguishable in their terms. In pertinent part, Mr. Markuson’s offer would have required State Farm to (1) tender the $300,000.00 policy limits to Mr. Markuson; (2) authorize State Farm’s insureds to enter into a consent judgment in the amount of $1.9 million that would not be recorded or enforced against the Saterbos; and (3) authorize the Saterbos to assign their rights in any claims against their insurance agent. In return, Mr. Markuson would execute a release of all his claims against the Saterbos and a satisfaction of the aforementioned consent judgment. The proposal made no indication that State Farm would be released from any bad faith liability. State Farm declined to accept these proposals, and the case continued to trial. Following a jury trial, Mr. Markuson recovered a total of $3,084,074.00, a sum considerably greater than the coverage afforded.

The settlement offers by Mr. Markuson formed the basis of a bad faith complaint against State Farm where Markuson and the Saterbos sued with a seven count complaint against State Farm, Crawford Law Group, P.A., and Larry Walker-State Farm’s agent. The alleged bad faith occurred when State Farm failed to settle the personal injury action by declining three of Mr. Markuson’s proposals for settlement.

The trial court concluded that State Farm had no duty to enter into a consent judgment that was in excess of the policy limits “as a matter of law.” The trial court found that “each of the three proposals exposed State Farm to extracontractual claims or payment” and that nothing suggested State Farm would be released by entering into the proposed consent judgments. It further found that State Farm never withdrew its offer of the policy limits. Thus, the trial court determined that “State Farm did not act in bad faith when it did not agree to or negotiate with respect to any of the three proposals.”

DISCUSSION

Here, the thrust of the bad faith case turns on State Farm’s refusal to enter into an agreement-that is, State Farm, in the plaintiffs’ view, had a duty to authorize its insureds to consent to a judgment more than five times the amount of the policy limit (thereby expediting the availability of a bad faith claim) and to do so without releasing State Farm from liability. Florida law is clear that an insurer has no duty to enter into such an agreement. There is no duty because entering into a consent judgment, for purposes of expediting bad faith litigation, is indeed the ‘functional equivalent’ of an excess judgment. The obligation to negotiate and settle claims on behalf of its insured is defined by and bounded within the insurance contract itself; an insurer does not ordinarily have a duty to pay a claim in excess of a policy’s limit.

CONCLUSION

The Florida Court of Appeals concluded that, as a matter of law, the trial court correctly determined that State Farm had no duty to enter such an agreement. Thus, where there was no duty to accept the proposals, declining the proposals could not serve as the basis of the bad faith claim. The circuit court erred by entering a final judgment in favor of State Farm to the extent the plaintiffs’ claims raised other theories of bad faith and remanded the case to trial on the other issues.

ZALMA OPINION

Liability insurance is a means of protecting against the risk of loss for accidentally injuring a third person up to the limits of the policy. Insurers have no obligation to expose themselves to an excess verdict and the court of appeals concluded that State Farm had no duty because entering into a consent judgment, for purposes of expediting bad faith litigation, would force the insurer to pay an excess judgment when its only contractual obligation was to defend its insured and, if there is a judgement, to pay the full limit of liability. To accept the offer that the plaintiff suggested as evidence of bad faith would be to commit financial suicide and violate the clear terms of its policy.

(c) 2023 Barry Zalma & ClaimSchool, Inc.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to Excellence in Claims Handling at locals.com at https://zalmaoninsurance.locals.com/subscribe or at substack at https://barryzalma.substack.com/publish/post/107007808

Go to Newsbreak.com  https://www.newsbreak.com/@c/1653419?s=01

Follow me on LinkedIn: www.linkedin.com/comm/mynetwork/discovery-see-all?usecase=PEOPLE_FOLLOWS&followMember=barry-zalma-esq-cfe-a6b5257

Daily articles are published at https://zalma.substack.com. Go to the podcast Zalma On Insurance at https://podcasters.spotify.com/pod/show/barry-zalma/support; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg;  Go to the Insurance Claims Library – http://zalma.com/blog/insurance-claims-library/

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Excellence in Claims Handling at locals.com at https://lnkd.in/gfFKUaTf or at substack at https://lnkd.in/gcZKhG6g, Go to LinkedIn: https://lnkd.in/guWk7gfM

Go to the Insurance Claims Library – https://lnkd.in/gYq44VM

Sponsored

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Search
Categories
Read More
Home
THIS IS YOUR FUTURE
Ages to comes shall see revival of wisdom to those who shall inherit your place on this star....
By Nibbie Chase 2020-05-31 19:36:50 0 4K
Politics
Barack Obama on Trump questioning election: ‘It is one more step in delegitimizing not just the incoming Biden administration, but democracy generally’
"It is one more step in delegitimizing not just the incoming Biden administration, but democracy...
By Meme King 2020-11-13 16:32:38 1 10K
Other
You Only Get What You Pay For
You Only Get What You Pay For Read the full article at https://lnkd.in/gAPYAgC4, see the full...
By Barry Zalma 2024-01-18 13:38:49 0 3K
Other
Rescission & The Covenant of Good Faith
The History of the Equitable Remedy of RescissionRead the full article at...
By Barry Zalma 2023-05-29 13:20:13 0 3K
Other
Insurance Litigation Never Easy
Insurance Litigation Never Easy Read the full article at https://lnkd.in/dwcjP3nN and see the...
By Barry Zalma 2023-12-14 13:51:21 0 3K