Attorney Dennis M. Campbell secures defense judgment in $2 million insurance bad faith action

 In Campbell Law Firm News, Judgments

Miami, Fla. (January 28, 2019) – Attorney Dennis M. Campbell of Coral Gables-based Campbell Law Firm PLLC recently prevailed in a multimillion-dollar statutory bad faith action brought by a medical imaging company. Campbell secured a defense judgment in a federal court action in which a CT scanner was damaged in two separate fires. Campbell’s insurance company client insured the scanner, which was subjected to claims in excess of $2 million.

The underlying case involved two separate fires, which occurred seven months apart in which a CT scanner was damaged in both incidents. The case was complicated by the fact that the first fire was covered by a policy with a $100,000 limit and that the CT scanner was allegedly moved prior to the second fire to a location with a $450,000 limit. Hence, there was a dispute concerning the extent of the damage from each fire and the applicable policy limits in each fire.

While the insured maintained that the claim was barred by a contractual limitation, the trial court rejected that position. In the ensuing bad faith case, Plaintiff maintained that the carrier failed to timely respond to statutory demands for insurance information, failed to respond to time sensitive settlement demands and failed to properly investigate the two fire damage claims. While the carrier tendered the $100,000 policy limit to the insured, Plaintiff argued that the carrier not only misrepresented the applicable policy limits to the insured, but that it failed to act in the interest of its insured by not tendering monies to the Plaintiff.

As the result of a highly aggressive defense, the United States District Court for the Middle District of Florida entered summary judgment in favor of Campbell’s client absolving them from any responsibility from handling the claim and denying Plaintiff any recovery.



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