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Verdicts
No Recovery Where Insurance Contract Allows 'Expedient' Settlement
Dismissal of a doctor's suit against his professional liability insurer for failure to exercise good faith in settling a claim was proper because the insurance contract allowed the company to settle whenever it deemed settlement expedient; therefore, the contract provided that the insurer could act in its own interest even if harm came to the insured because of that settlement. Rogers v. Chicago Ins. Co., '- So.2d ”, 2007 WL 2781017 Fla.App. 4 Dist., 9/26/07.
Plaintiff Dr. Anthony Rogers purchased medical malpractice insurance coverage from the Chicago Insurance Co. In April 2002, the estate of a former patient served Dr. Rogers with a notice of intent to initiate litigation. Pursuant to ' 766.106, Florida Statutes, the insurance company had 90 days to conduct a pre-suit investigation of the claim. According to Dr. Rogers' complaint, the insurer waited until one week before the 90-day period was set to expire, never contacting Dr. Rogers for his input. Then, because time was running out, the insurer elected to settle the claim instead of defending against it.
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