Oxonian v. GEICO General Insurance Company
Injured third parties who obtained a $1.1 million excess wrongful death judgment against GEICO's insured sued GEICO for third-party bad faith. Because the bankruptcy court's order and the incorporated judgment limited any recovery solely to the insurer, and the insured had received a Chapter 13 discharge, the court held the insured suffered no recoverable damages, so the derivative third-party bad faith claim was extinguished and plaintiffs lacked standing.
Key facts
- Injured third parties obtained a $1.1 million excess wrongful death judgment against GEICO's insured in state court after the bankruptcy court granted limited relief from the automatic stay.
- The third parties then sued GEICO directly for third-party bad faith, but the bankruptcy court's stay-relief order and the resulting judgment limited any recovery solely to insurance proceeds, insulating the insured from personal liability.
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Why it matters
This decision, following the same judge's Humbertson opinion, gives insurers a potent defense in Florida third-party bad faith cases: an order or judgment that caps recovery to insurance proceeds and insulates the… — full analysis with a trial
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