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· 6/18/2024

TMS Enterprises of Central Florida, Inc. v. Debra Wilbanks

How courts have described this case

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

  • holding that insurer’s duty to continue to negotiate settlement ceased upon insured’s demand for arbitration
  • noting that “any obligation to negotiate as a reflection of good faith may be suspended temporarily by collateral circumstances.”
  • noting that a claim for common law bad faith requires a showing that the insurer not only acted unreasonably, but also that such acts were done knowingly or recklessly
  • discussing the insurer’s duty to negotiate, settle, and pay claims as part of its duty of good faith and fair dealing
  • obligation to negotiate as a reflection of good faith is suspended when insured demands arbitration
  • obligation to negotiate as a reflection of good faith is suspended when insured demands arbitration

Source: CourtListener parenthetical corpus (CC0).

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.