Consul v. Progressive American Insurance Co.
Progressive insured Consul, who rear-ended Choisser and was later hit with a $1 million excess judgment. Progressive had agreed to the claimant's monetary settlement terms but added two new conditions — a loss-of-consortium release from the claimant's wife (whom it never contacted and misidentified) and surrender of the vehicle title under its reading of Fla. Stat. § 319.30. The Eleventh Circuit vacated summary judgment for the insurer, holding a jury could find bad faith under the totality of the circumstances.
📄 Read the official opinion (11th Cir.) →
Florida Court Tracker flags decisions like this the week they come down, sorted by practice area, alongside your research platform. See what else changed in Bad Faith →
Key facts
- Consul, insured by Progressive, rear-ended Choisser and faced a $1 million excess judgment after trial court proceedings.
- Progressive agreed to the claimant's settlement amount but added two new conditions: a loss-of-consortium release from the claimant's wife (whom it never contacted and misidentified) and surrender of the vehicle title under its interpretation of Florida Statute § 319.30.
- +2 more key facts with a free trial
Why it matters
This is a significant published Eleventh Circuit decision tightening the reasonableness scrutiny of conditions an insurer attaches to a policy-limits tender under Florida bad-faith law. Policyholder counsel can cite it… — full analysis with a trial
Get decisions like this in your practice area every week: free for 14 days
The rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Your practice areas first
- Plain-English holdings & why it matters
- Statutes & rules that take effect in your area
- One Friday briefing for your team
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.