FOLLOW US

  • facebook
  • twitter
Fri

March 13, 2026

America January 6, 2023

Florida Auto Policyholder Wins Big Against Insurer Who Acted In Bad Faith

America ı By Samuel Lopez

265 0 Comments

USA Herald -- On the evening of July 4th, 2021, Florida resident Maria Hernandez was driving home from a family barbecue when she was involved in a severe automobile accident. Ms. Hernandez, a policyholder with Progressive Insurance Company for the past five years, was traveling on a busy highway when another driver suddenly swerved into her lane, colliding with the front of her car.

The other driver, who was later identified as Carter Clinton, admitted fault for the accident and was cited by the police for reckless driving. Ms. Hernandez, who was shaken but thankfully not seriously injured, immediately contacted her insurance company to file a claim for damages to her vehicle.

However, Ms. Hernandez was in for a surprise when her claim was denied by her insurer. The company cited a provision in her policy that excluded coverage for damages caused by "intentional acts," arguing that Mr. Clinton's reckless driving constituted an intentional act.

Ms. Hernandez, who had always paid her premiums on time and had never filed a claim before, was stunned by the denial. She contacted a personal injury attorney, who advised her to file a lawsuit against the insurer for bad faith.

According to Florida law, insurance companies are required to act in good faith when handling policyholder claims. This means that they must thoroughly investigate the circumstances of a claim, communicate transparently with the policyholder, and make a fair determination on whether to pay the claim. If an insurance company fails to do so, it can be sued for bad faith.

Ms. Hernandez's attorney argued that Progressive acted in bad faith by denying her claim without a thorough investigation and by using a questionable interpretation of the policy's exclusion clause. In addition, the attorney pointed out that Mr. Clinton's reckless driving was not necessarily an intentional act, as it could have been the result of distracted or impaired driving.

After several months of legal proceedings, a Florida court ruled in favor of Ms. Hernandez, stating that Progressive Insurance had indeed acted in bad faith by denying her claim without adequate justification. The court ordered the company to pay Ms. Hernandez the full amount of her damages, as well as legal fees and additional damages for the bad faith.

The ruling was seen as a victory for policyholders and a warning to insurance companies to carefully and fairly handle claims. Ms. Hernandez, who was relieved and grateful for the outcome, said in a statement, "I just wanted to be treated fairly and with respect, and I'm glad that the court recognized that my insurance company failed to do so. I hope this ruling sends a message to other companies to do right by their policyholders."

The case has also drawn attention to the issue of bad faith insurance practices, with some calling for stricter regulations to protect policyholders from such actions. It remains to be seen what changes, if any, will be made as a result of this case, but for now, Ms. Hernandez can rest assured that justice has been served.

 

Previous Article

Be on the Watch for These Illinois Cases in 2023

Read More
Samuel Lopez
1367 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Don’t Miss It
America March 12, 2026
Hormuz Shock Hits U.S. Legal And Insurance Sectors As War Risk, Cargo Claims And Contract Fights Begin to Spread

By Samuel A. Lopez | USA Herald – The developing Strait of Hormuz crisis is no longer just an energy-market…

By – Samuel Lopez
America March 12, 2026
Beyond Gas Prices The Strait of Hormuz Crisis Could Hit Fertilizer, Plastics, Aluminum And Global Supply Chains

By Samuel Lopez | USA Herald – Right now, most Americans hearing about the Strait of Hormuz are thinking about…

By – Samuel Lopez
America March 11, 2026
Fani Willis Blocked From Trump Fee Fight As Georgia Judge Lets $16.8 Million Reimbursement Battle Move Forward

INSIDE THIS REPORT A Georgia judge has ruled that Fulton County District Attorney Fani Willis cannot re-enter the collapsed Trump…

By – Samuel Lopez
America March 11, 2026
FBI Bulletin Raises Troubling Questions About California’s Readiness

[USA HERALD] – A leaked FBI bulletin has now forced an uncomfortable question into the open along California’s coast. If…

By – Samuel Lopez
America March 11, 2026
Cumulus Media Files for Chapter 11 as Radio Giant Moves to Cut Massive Debt

In a dramatic turn for one of America’s largest radio broadcasters, Cumulus Media has filed for bankruptcy protection, seeking a…

By – Rihem Akkouche
America March 11, 2026
Gordie Howe Bridge Tolls Revealed Ahead of Spring Opening

The long-awaited Gordie Howe International Bridge is inching closer to welcoming travelers, and officials have finally unveiled a key piece…

By – Rihem Akkouche
America March 11, 2026
Gordie Howe Bridge Tolls Revealed Ahead of Spring Opening

The long-awaited Gordie Howe International Bridge is inching closer to welcoming travelers, and officials have finally unveiled a key piece…

By – Rihem Akkouche
America March 11, 2026
Nasa Satellite to Crash to Earth as Spacecraft Re-enters Atmosphere

A Nasa satellite to crash to Earth has prompted warnings from space officials, who say debris from the aging spacecraft…

By – Rachel Moore
America March 11, 2026
Lux Aeterna $10M Seed Funding Fuels Ambitious Reusable Satellite Vision

A Colorado startup aiming to change how satellites operate — and survive — in space has secured fresh investment to…

By – Rachel Moore
America March 11, 2026
Jupiter’s Shift Direction Lights Up the Night Sky Again

Skywatchers may notice something unusual unfolding overhead this week as Jupiter’s shift direction brings an end to months of celestial…

By – Rachel Moore
America March 11, 2026
Google and Tesla Power Grid Initiative Targets Lower Energy Costs

Two of the world’s most influential technology companies are stepping into the energy policy arena, launching a campaign they say…

By – Rachel Moore
America March 11, 2026
Medtronic to Buy Scientia Vascular in $550 Million Neurovascular Deal

In a move poised to reshape the future of stroke treatment technology, Medtronic to buy Scientia Vascular marks a major…

By – Rachel Moore
America March 11, 2026
Medtronic to Buy Scientia Vascular in $550 Million Neurovascular Deal

In a move poised to reshape the future of stroke treatment technology, Medtronic to buy Scientia Vascular marks a major…

By – Rachel Moore
America March 11, 2026
Winklevoss Twins’ Bitcoin Transfer Sparks Market Speculation

A wave of cryptocurrency movement tied to the founders of the Gemini exchange is drawing fresh attention across the digital…

By – Rihem Akkouche
America March 11, 2026
Alabama Man Fatal Shooting Death Sentence Commuted by Governor

In a rare act of clemency that halted an imminent execution, the Alabama man fatal shooting death sentence tied to…

By – Rihem Akkouche
America March 11, 2026
US Consulate Shooting in Toronto Triggers National Security Investigation

Authorities in Canada are investigating the US consulate shooting in Toronto after gunfire struck the diplomatic building early Monday morning…

By – Rihem Akkouche
America March 11, 2026
ExxonMobil to Move to Texas in Historic Corporate Shift

In a move that could reshape the corporate map of one of America’s most powerful energy companies, ExxonMobil to move…

By – Rihem Akkouche
America March 11, 2026
Rhoda AI Secures $450M Funding to Power Next-Gen Industrial Robots

In a move set to electrify the robotics industry, Rhoda AI $450M funding marks one of the largest early-stage investments…

By – Rihem Akkouche
America March 11, 2026
Trump’s Laser Talk Sparks New Questions About America’s Secret Arsenal

President Donald Trump has once again done what he often does best in moments of war and tension: he dropped…

By – Samuel Lopez
America March 8, 2026
The Northern Lights Return

The Northern Lights have a chance to be visible from several northern U.S. states on Tuesday night, forecasters at the…

By – Jackie Allen
America March 8, 2026
February Unemployment Up as Job Losses Surprise Economists

February Unemployment Up as the latest labor market data revealed weaker-than-expected job growth and a slight increase in the national…

By – Jackie Allen
America March 8, 2026
Late-Night Attack by Venezuelan National at Florida Beach

A Late-night attack by a Venezuelan National has left a Florida community shaken after authorities say a 26-year-old man ambushed…

By – Jackie Allen
America March 8, 2026
Trump’s War in Iran: Congress Confronts Escalation After U.S. Strikes

Trump’s War in Iran  was triggered open conflict, casualties, and renewed constitutional debate in Washington. The crisis intensified following reports…

By – Jackie Allen
America February 28, 2026
U.S. And Israel Launch Major Strikes On Iran — What It Means For America

TEHRAN, Iran – In a dramatic escalation of global tensions, the United States and Israel launched coordinated military strikes against Iran…

By – Samuel Lopez
America March 11, 2026
Rhoda AI Secures $450M Funding to Power Next-Gen Industrial Robots

In a move set to electrify the robotics industry, Rhoda AI $450M funding marks one of the largest early-stage investments…

By – Rihem Akkouche
America March 11, 2026
3I/ATLAS Shocks Astronomers With Fuel-Like Methanol Molecule At Extraordinary Levels

[USA HERALD] – There are ordinary space stories, and then there are the stories that make even seasoned observers stop…

By – Samuel Lopez
America March 11, 2026
War Abroad, Risk At Home: Why Americans Are Quietly Reviewing Insurance Policies As Global Conflicts Expand

[USA HERALD] – As the United States confronts rising geopolitical tensions and the possibility of military engagement on multiple fronts…

By – Samuel Lopez
America March 9, 2026
Pentagon-Anthropic AI Dispute Explodes Into Federal Lawsuits Over AI Safety Policies

A fierce clash at the crossroads of technology, national security, and free speech has erupted in Washington, as the Pentagon-Anthropic…

By – Rachel Moore
America March 9, 2026
G7 Oil Reserve Release Considered as Iran War Disrupts Global Energy Supply

A sudden shock to the world’s oil arteries has pushed major economies toward an emergency response, with a potential G7…

By – Rihem Akkouche
America March 9, 2026
OpenAI Acquires Promptfoo to Strengthen AI Security and Testing Tools

In a strategic move that underscores the intensifying race to secure advanced artificial intelligence systems, OpenAI acquires Promptfoo, a cybersecurity…

By – Rihem Akkouche
America February 21, 2026
When The Files Are Finally Unsealed The Most Mind-Bending Truth May Not Be What We Expect

[USA HERALD] – There is a widespread assumption that if governments release their most highly classified files related to unidentified…

By – Samuel Lopez
America February 17, 2026
Civil Rights Icon Rev. Jesse Jackson Dies at 84 As President Trump Issues Personal Tribute

[USA HERALD] — The Rev. Jesse Jackson, a towering figure of the American civil rights movement whose career spanned more than…

By – Samuel Lopez
America February 13, 2026
Clues to Savannah Guthrie Missing Mom’s Disappearance Found on Security System

The disappearance of the mother of Savannah Guthrie has taken a dramatic turn as investigators focus on digital clues tied…

By – Jackie Allen
America February 8, 2026
Mike Tyson Urges Americans to ‘Eat Real Food’ in Emotional Super Bowl Ad Highlighting Health Risks

Boxing legend Mike Tyson is using his platform ahead of Super Bowl 60 to address a personal and national health…

By – Tyler Brooks
America February 7, 2026
Deadly “Death Cap” Mushrooms in California Cause Multiple Deaths and Liver Transplants Amid Rare Super Bloom

California health officials are warning the public after four deaths and three liver transplants linked to the highly toxic death…

By – Ahmed Boughalleb
America February 7, 2026
From Migraines to Miracles: How Becca Valle Survived a Glioblastoma Diagnosis Against the Odds

Becca Valle, 41, thought her headaches were just migraines—until a sudden, unbearable pain revealed something far more serious. In September…

By – Tyler Brooks
America March 1, 2026
Cadillac Names Inaugural Formula 1 Car MAC-26 in Tribute to Mario Andretti Ahead of 2026 Australian Grand Prix Debut

Cadillac has officially revealed the name of its first Formula 1 challenger, confirming that its 2026 car will be called…

By – Ahmed Boughalleb
America February 20, 2026
Norway Tops Medal Table After Day 13 at 2026 Winter Olympics as Team USA Surges Into Second Place

With 13 days complete at the 2026 Milan Cortina Winter Olympics, Norway sits atop the overall medal standings, collecting 34…

By – Ahmed Boughalleb
America February 18, 2026
Olympic Science Explained: How Figure Skaters Spin at Blinding Speeds Without Getting Dizzy

When Amber Glenn finishes her routine, the arena usually rises with her. The music builds, her blades carve a tight…

By – Tyler Brooks
America February 16, 2026
Olympic Villages Run Out of Condoms at 2026 Milan-Cortina Games

Condom supplies in the Olympic Villages at the 2026 Winter Games have been temporarily depleted, the Milan-Cortina organizing committee confirmed,…

By – Tyler Brooks
America February 12, 2026
Arizona Authorities Escalate Search for Savannah Guthrie’s Mom to a Criminal Investigation

In Arizona, police are intensifying their investigation into the disappearance of Nancy Guthrie, Savannah Guthrie’s Mom. The 84-year-old mother of…

By – Jackie Allen
America February 10, 2026
What is Aegosexuality?

As conversations around sexuality continue to expand, so does the language we use to describe it. Sexuality terms are gaining…

By – Jackie Allen

No posts found.

No posts found.

No comments No comments yet. Be the first to comment!

Signup for the USA Herald
exclusive Newsletter