Michael A. Johnson v. Geico General Ins. Co.

318 F. App'x 847
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 11, 2009
Docket08-11336
StatusUnpublished
Cited by12 cases

This text of 318 F. App'x 847 (Michael A. Johnson v. Geico General Ins. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael A. Johnson v. Geico General Ins. Co., 318 F. App'x 847 (11th Cir. 2009).

Opinion

PER CURIAM:

Plaintiffs-Appellants Michael A. Johnson and Kathleen M. Johnson (“Insureds”) appeal the grant of summary judgment in favor of Defendant-Appellee Geico General Insurance Co. (“Geico”) in Insureds’ suit against Geico for bad faith failure to settle a claim. No reversible error has been shown; we affirm.

Michael Johnson was involved in a fatal collision with an automobile driven by Woody Staley, Jr. on 24 May 2003. Staley was injured and taken to the hospital from the accident scene; Staley’s passenger, Louise Turner, died at the scene. At the time of the accident, Johnson was insured by Geico through an automobile policy providing the minimum bodily injury (“BI”) hability coverage available: $10,000 per person, $20,000 per accident. Staley was also a Geico policyholder; Staley’s under-insured/uninsured motorist (“UM”) coverage was with Geico.

The accident was reported to Geico by Johnson on Sunday, 25 May. Johnson informed Geico that at least one witness reported that he had run a red light; Johnson stated he believed the light was green and contested fault. On the following business day, 27 May, a Geico adjuster contacted Insureds. Insureds were advised of the policy limits of their liability insurance; they also were told that it is the policyholder’s choice whether to retain a personal attorney. The next day, 28 May, Geico assigned an accident investigator to investigate the accident and to obtain a police report.

On 29 May 2003, Staley’s attorney, Andrew Pehno, contacted Wendy Anderson, an adjuster at Geico assigned to Staley’s UM claim, about Staley’s UM coverage. Anderson advised that Geico would tender the full $10,000 coverage limit. On 30 May 2003, Pehno called the BI adjuster at Gei-co assigned to Staley’s claim; he left a message for a return call. On 3 June 2003, Pehno sent a letter to the BI adjuster introducing himself and requesting that *849 information about Johnson’s BI policy be sent to him within 30 days. No request to tender the policy limits was made. On 27 June—within the 30-day period set out by Pelino—Geico faxed an affidavit of insurance coverage to Pelino and advised that a certified copy had been requested and would be forwarded upon receipt.

On 9 June 2003, the police report became available for the first time; it confirmed that Johnson had run a red light. The police report also assessed Staley’s injuries as “non-incapacitating.” On 12 June 2003, Geico authorized payment of the BI policy limit to the estate of the passenger who had died in the accident. Also on that date, the BI adjuster was told by the home office to contact the UM adjuster to ascertain the extent of Staley’s injuries. The BI adjuster learned that Staley was still in the hospital; he was in ICU and on a respirator. On 27 June, the BI adjuster learned that Staley had died as a result of the accident; Geico authorized the BI adjuster to contact Pelino to tender the policy limits. Pelino was unavailable and failed to return the BI adjuster’s call. The BI adjuster called again that day but was again unable to reach Pelino. When the BI adjuster and Pelino had contact on 1 July, Pelino advised that suit had been filed that day; Pelino rejected Geico’s tender.

A wrongful death judgment in excess of $2,000,000 was entered against Insureds in the suit brought on behalf of the estate of Staley. Insureds filed suit against Geico claiming that Geico had acted in bad faith in failing to negotiate a settlement with Staley for the policy limits. The district court concluded that in the light of the quick turnaround between Geico’s learning of the accident and its tender of the policy limits—33 days—the facts, even when viewed most favorably to Insureds, could support no finding of bad faith. We agree.

Florida law imposes a duty of good faith on insurers in negotiating and settling a claim against an insured. The essence of an insurance bad faith claim is that the insurer acted in its own best interests to the detriment of the insured; the insurer failed to act timely and thereby exposed the insured to an excess judgment. See Macola v. Government Employees Ins. Co., 953 So.2d 451, 458 (Fla.2006). When resolving an insurance claim against its insured, the insurer

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 busi-ness____This good faith duty obligates the insurer to advise the insured of settlement opportunities, to advise as to the probable outcome of the litigation, to warn of the possibility of an excess judgment, and to advise the insured of any steps he might take to avoid same. The insurer must 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.

Boston Old Colony Ins. Co. v. Gutierrez, 386 So.2d 783, 785 (Fla.1980) (internal citations omitted). And even in the absence of a settlement offer, the insurer may be liable for bad faith: “[w]here liability is clear, and injuries so serious that a judgment in excess of policy limits is likely, an insurer has an affirmative duty to initiate settlement negotiations.” Powell v. Prudential Property & Casualty Ins. Co., 584 So.2d 12, 14 (Fla.App.1991). “Bad faith may be inferred from a delay in settlement negotiations which is willful and without reasonable cause.” Id.

Whether an insurer acted in bad faith generally raises an issue of fact for deter *850 mination by a jury. See Campbell v. Government Employees Ins. Co., 306 So.2d 525, 530-31 (Fla.1974). But, Florida appellate courts have affirmed summary judgment where the undisputed facts would allow no reasonable jury to conclude the defendant acted in bad faith. See Clauss v. Fortune Ins. Co., 523 So.2d 1177, 1178 (Fla.App.1988) (judgment for insurer proper where there were insufficient allegations of unreasonable and bad faith conduct on the part of the insurer); Caldwell v. Allstate Ins. Co., 453 So.2d 1187, 1190 (Fla.App.1984) (judgment for insurer proper when it could not reasonably be said that insurer guilty of bad faith).

Insureds predicate their argument that Geico acted in bad faith on its handling of the BI claim chiefly on the manner in which Geico handled the UM claim. Insureds note that, immediately upon learning of the accident, Geico’s UM adjuster offered to tender the UM policy limits to Staley. Because UM coverage is excess over liability coverage under Florida law, see Fla. Stat. § 627.727, Insureds argue that Geico’s tender of the UM coverage necessarily meant that Geico had determined—as of 29 May 2003—that Johnson was liable to Staley for bodily injury in an amount in excess of Insureds’ BI policy limits.

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Bluebook (online)
318 F. App'x 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-a-johnson-v-geico-general-ins-co-ca11-2009.