· 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).
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.