Can a claim for bad faith be maintained against a decedent’s insurance company, where the claimant failed to file a timely creditor claim against the estate? A new Florida case says yes, the bad faith claim against the insurance company can be maintained.
Jose Fernandez, a once promising young starting pitcher for the Miami Marlins, was killed when the boat he was aboard crashed into a jetty off the Miami Beach coast. Authorities and initial reports stated that Fernandez was accompanied by two other individuals (Jesus Macias and Eduardo Rivero) at the time of the crash.
In the modern age, where communication can be done by way of text, tweet, email, or swipe, the ancient requirement to hand-serve a summons and complaint on a defendant seems quite anachronistic. Courts and legislatures have been moving over time to reduce the burden of hand-serving new lawsuits. In a new and somewhat surprising case, a New York court has allowed service by way of Facebook.
January 23rd, 2017 Commercial Litigation