Powell v. Prudential Property & Cas. Ins. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that in a bad faith action the insurer has the burden of showing that there was no realistic possibility of settlement within the policy limits
• holding that claimant’s failure to make a set- tlement demand and subsequent rejection of insurer’s tender of policy limits “are only two of a number of circumstances to be weighed by the fact-finder”
• holding that bad-faith claim was not precluded where insurer tendered policy limits, because insurer had not responded to settlement offer for over sixty days and after lawsuit had been filed, which jury could find unreasonable
• holding that bad-faith claim was not precluded where insurer tendered policy limits, because insurer had not responded to settlement offer for over sixty days and after lawsuit had been filed, which jury could find unreasonable
• noting in a bad faith action that it is the insurer's burden to show \that there was no realistic possibility of settlement within policy limits\
• describing a case where driver of insured vehicle struck two pedestrians from behind, and was eval- uated at “80-100%” liability, as a case of “clear liability”

Source: CourtListener parenthetical corpus (CC0).

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

• American Physicians Insurance Exchange v. Garcia
  Texas Supreme Court· 1994-06-08· cited 312×
• Badillo v. Mid Century Insurance Co.
  Supreme Court of Oklahoma· 2005-06-22· cited 198×
• Berges v. Infinity Ins. Co.
  Supreme Court of Florida· 2004-11-18· cited 119×
• Hemphill v. State Farm Mutual Automobile Insurance
  Fifth Circuit· 2015-10-16· cited 94×
• Suzanne Harvey, etc. v. Geico General Insurance Company
  Supreme Court of Florida· 2018-09-20· cited 44×
• Boicourt v. Amex Assurance Co.
  California Court of Appeal· 2000-03-15· cited 21×
• Robinson v. State Farm Fire & Cas. Co.
  District Court of Appeal of Florida· 1991-07-03· cited 19×
• Robert Kropilak v. 21st Century Insurance Company
  Eleventh Circuit· 2015-11-18· cited 14×
• Harris v. Geico General Insurance
  S.D. Florida· 2013-08-07· cited 13×
• Daniel Ilias v. USAA General Indemnity Company
  Eleventh Circuit· 2023-03-14· cited 12×
• Barry v. Geico General Insurance Company
  District Court of Appeal of Florida· 2006-10-04· cited 10×
• American Builders Insurance Company v. Southern-Owners Insurance Company
  Eleventh Circuit· 2023-06-20· cited 10×
• Smith v. Safeco Ins. Co.
  Court of Appeals of Washington· 2002-07-19· cited 9×
• Smith v. Safeco Insurance
  Court of Appeals of Washington· 2002-07-19· cited 9×
• Lee v. PROGRESSIVE EXP. INS. CO.
  District Court of Appeal of Florida· 2005-08-24· cited 8×
• Shin Crest PTE, Ltd. v. AIU Insurance
  M.D. Florida· 2009-03-26· cited 8×
• Snowden Ex Rel. Estate of Snowden v. Lumbermens Mutual Casualty Co.
  N.D. Florida· 2003-01-07· cited 8×
• Gutierrez v. Yochim
  District Court of Appeal of Florida· 2009-11-13· cited 6×
• Goheagan v. American Vehicle Insurance Co.
  District Court of Appeal of Florida· 2012-12-05· cited 6×
• Maldonado v. FIRST LIBERTY INS. CORP.
  S.D. Florida· 2008-04-22· cited 5×

Cites

14 cases in this archive are cited by this case.

• Rova Farms Resort, Inc. v. Investors Insurance Co. of America
  Supreme Court of New Jersey· 1974-08-07· cited 2,261×
• Boston Old Colony Ins. Co. v. Gutierrez
  Supreme Court of Florida· 1980-04-10· cited 183×
• Cernocky v. Indemnity Insurance Co. of North America
  Appellate Court of Illinois· 1966-04-14· cited 67×
• Farmers Insurance Exchange v. Schropp
  Supreme Court of Kansas· 1977-07-11· cited 62×
• Hendricks v. Dailey
  Supreme Court of Florida· 1968-03-13· cited 59×
• State Auto. Ins. Co. of Columbus, Ohio v. Rowland
  Tennessee Supreme Court· 1968-04-15· cited 50×
• Young v. American Casualty Co.
  Second Circuit· 1969-09-15· cited 45×
• Knobloch v. Royal Globe Insurance
  New York Court of Appeals· 1976-01-06· cited 42×
• Eastham v. Oregon Automobile Insurance Company
  Oregon Supreme Court· 1975-09-25· cited 32×
• Clauss v. Fortune Ins. Co.
  District Court of Appeal of Florida· 1988-03-10· cited 23×
• General Acc. Fire & Life v. American Cas. Co.
  District Court of Appeal of Florida· 1980-11-18· cited 23×
• Hollar v. INTERN. BANKERS INS. CO.
  District Court of Appeal of Florida· 1990-11-27· cited 19×
• Maguire v. Allstate Insurance Company
  D. Delaware· 1972-04-19· cited 8×
• Cotton States Mut. Ins. Co. v. Trevethan
  District Court of Appeal of Florida· 1980-06-27· cited 8×