Topic: a causal connection between the damages claimed and the ins… · Go Syfert
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Topic #7837

8 canonical passages across 6 cases, quoted by 46 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Perera v. United States Fidelity & Guaranty Co..

#Case FlagCanonical passage Citers
1 Perera v. United States Fidelity & Guaranty Co. Anchor
fla · 2010
green “a causal connection between the damages claimed and the insurer's bad faith.” 11
2 Boston Old Colony Ins. Co. v. Gutierrez
fla · 1980
green “investigate the facts, give fair consideration to a settlement offer that is not unreasonable under the facts, and settle, if possible, where a reasonably prudent person, faced with the prospect of paying the total recovery, would do so.” 8
3 Berges v. Infinity Ins. Co.
fla · 2004
green “the focus in a bad faith case is not on the actions of the claimant but rather on those of the insurer in fulfilling its obligations to the insured.” 7
4 Boston Old Colony Ins. Co. v. Gutierrez
fla · 1980
green “settle, if possible, where a reasonably prudent person, faced with the prospect of paying the total recovery, would do so.” 6
5 Boston Old Colony Ins. Co. v. Gutierrez
fla · 1980
green “has a duty to use the same degree of care and diligence as a person of ordinary care and prudence should exercise in the management of his own business.” 5
6 Bearint Ex Rel. Bearint v. Dorel Juvenile Group, Inc.
ca11 · 2004
green “only if: (1) the requested instruction correctly stated the law, (2) the instruction dealt with an issue properly before the jury, and (3) the failure to give the instruction resulted in prejudicial harm to the requesting party.” 3
7 Campbell v. Government Employees Insurance Co.
fla · 1974
green “standard for determining liability in an excess judgment case is bad faith rather than negligence” 3
8 Raul A. Pelaez v. Government Employees Insurance Company
ca11 · 2021
green “in a bad faith action there's a difference between focusing on a claimant's actions, which would be improper, and factoring a claimant's actions into the totality of the circumstances analysis, which is not improper.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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