WSHC+B partner Ed Guedes was recently interviewed by Law360 in connection with defending Kinsale Insurance Company at the Eleventh Circuit Court of Appeals. The appeal, involving Kinsale and its insured, Pride of St. Lucie Lodge 1189 Inc., centered on a dispute over insurance claims related to a $3.3 million judgment following a fatal shooting at the lodge.
The lodge had claimed Kinsale had breached its duty of good faith by not settling the victim’s estate’s claim within the policy limits. Arguing the appeal, Ed stated, “If this were a case about your negligent security resulting in harm from a laceration from the thrown shoe maybe the situation would be different. But the harm here is from the shooting. The shooters left and came back because they were targeting a specific individual.”
This appeal is likely to set an important precedent in establishing the boundaries of an insurer’s obligations to engage in settlement negotiations under Florida’s bad faith jurisprudence.
Ed is Board Certified in Appellate Practice by the Florida Bar, is a Fellow of the American Academy of Appellate Lawyers, and is chair of the firm’s Appellate Practice Group. He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, insurance law, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property and labor and employment issues.
Jeremy Rosner, who also worked on the appeal, represents plaintiffs and defendants in complex commercial litigation, class actions, professional negligence, and appellate matters in both state and federal courts.
Read the article here: https://www.law360.com/appellate/articles/1773021?nl_pk=e3cab8e3-05d7-488b-bc26-75b615807ad4&utm_source=newsletter&utm_medium=email&utm_campaign=appellate&utm_content=2023-12-08&read_main=1&nlsidx=0&nlaidx=30.
