FOLLOW US

Wed

July 15, 2026

America April 10, 2024 4 mins read

Insurer Wins Landmark Bad Faith Case Against Rival, Highlighting Industry’s Duty to Policyholders

America ı By Samuel Lopez

0 Comments

Untitled

Reporting by Samuel Adam Lopez, Legal Analyst (For more insights, visit USA Herald and read more from Samuel A. Lopez)

[ATLANTA, GA] - In a significant victory for policyholders and third-party claimants, the Eleventh Circuit Court of Appeals has upheld a federal trial jury's verdict in favor of American Builders Insurance Company (ABIC) against Southern-Owners Insurance Company (SOIC) in a case involving allegations of bad faith conduct.

The case, American Builders Insurance Co. v. Southern-Owners Insurance Co., centered around a tragic accident where an individual, identified as E.G., suffered life-altering injuries after falling from a roof, resulting in paralysis from the waist down. The incident led to over $400,000 in medical bills, with future costs projected into the millions.

"This case underscores the complexities of insurance litigation and the critical nature of insurers' duties," said Samuel A. Lopez, a Legal Analyst and a reporter for the USA Herald. "The ruling sends a clear message to the insurance industry about the importance of good faith in claim handling and the potential consequences of failing to meet these obligations."

[Link to Samuel Lopez's bio: https://usaherald.com/author/samuel-lopez/]

The dispute involved three insurance companies: ABIC, the insurer for Beck Construction (the company for which E.G. was subcontracting), SOIC, the primary insurer for E.G.'s company, and Evanston Insurance Company, which held an excess policy. After the accident, SOIC refused to settle the claim, prompting ABIC and Evanston to each contribute a million dollars towards the settlement. ABIC then sued SOIC for common law bad faith under Florida's doctrine of equitable subrogation, a move that would lead to a heated legal battle.

The district court's denial of SOIC's motion for summary judgment paved the way for the jury to hear the case, which ultimately found in favor of ABIC. SOIC's subsequent motions for judgment as a matter of law or a new trial were also denied, leading to the appeal.

The specific allegations made by American Builders Insurance Company (ABIC) against Southern-Owners Insurance Company (SOIC) included:

  1. Failure to Settle: ABIC claimed that SOIC refused to settle the claim within the policy limits, which would have protected their mutual insured from excess liability.
  2. Intentional Disregard for the Insured’s Financial Interest: ABIC alleged that SOIC acted in its own interest with intentional disregard for the financial interest of the insured, which is a key element in bad faith claims.
  3. Lack of Proper Investigation and Assessment: It was argued that SOIC did little to investigate or assess the claim, which contributed to its refusal to settle.
  4. Refusal to Contribute to Settlement: SOIC’s refusal to contribute any amount towards the settlement led ABIC and Evanston to cover the settlement amount, which ABIC argued was a failure of SOIC to act in good faith.

The Eleventh Circuit's affirmation of the trial court's decision marks a significant moment in insurance litigation, highlighting the responsibilities of insurers to act in good faith when handling claims. The court held that the evidence supported the jury's verdict and that SOIC's actions constituted bad faith.

"This case serves as a reminder of the legal and ethical standards that govern the insurance industry and the justice system's role in upholding these standards," said Lopez. "The implications of this ruling extend beyond the parties involved, setting a precedent that could influence future disputes between insurers and insureds."

The victory for ABIC is not just a win for the company but also for the broader legal principle that insurers must prioritize the interests of their insureds. The case underscores the importance of the doctrine of equitable subrogation, which allows an insurer that has paid a loss to step into the shoes of the insured and recover from a third party responsible for the loss.

As the insurance industry continues to analyze the ramifications of this landmark decision, policyholders and third-party claimants can take solace in the fact that the courts are willing to hold insurers accountable for their bad-faith conduct in claims handling.

For more news and insights on the insurance industry and consumer issues, visit USA Herald: https://usaherald.com/

 

Previous Article

Real Estate Company Confirms US Rent Prices Are Increasing

Read More
1630 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.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
Breaking News July 12, 2026
Graham Senate Seat Triggers Political Scramble
By – Michallie Harrison
America July 12, 2026
two killed in Toronto After Deadly street festival shooting
By – Rihem Akkouche
America July 12, 2026
Elephant Fire burns 4500 acres in Sierra County
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 11, 2026
Oregon Withdraws Court Motion in Paramount-Warner…

Oregon blinked — but it did not back down. The…

By – Rihem Akkouche
America July 11, 2026
1 dead After fire at Davis…

A Saturday morning that began like any other in South…

By – Rihem Akkouche
America July 11, 2026
Apple Sues OpenAI Over Trade Secrets…

The partnership that placed ChatGPT inside hundreds of millions of…

By – Rihem Akkouche
America July 11, 2026
NYT Air Force One Subpoena Targets…

They came on a Friday evening, to the homes of…

By – Rihem Akkouche
America July 11, 2026
Gordie Howe Bridge to Open on…

Named for a hockey legend who won four Stanley Cups…

By – Rihem Akkouche
America July 11, 2026
Teen Football Player’s Death on Uninhabited…

Christine and Elmore Wonsley are not sleeping. They cannot. A…

By – Rihem Akkouche
America July 11, 2026
Teen Football Player’s Death on Uninhabited…

Christine and Elmore Wonsley are not sleeping. They cannot. A…

By – Rihem Akkouche
America July 11, 2026
Hundreds Of People at Summer Camp…

The water came faster than the roads could handle and…

By – Rihem Akkouche
America July 11, 2026
UFC Event Allegedly Targeted in White…

WASHINGTON, D.C. — A historic UFC Event held on the…

By – Jackie Allen
America July 10, 2026
Russia Sanctions Bill Gains BiPartisan as…

WASHINGTON, D.C. — Russia Sanctions legislation moved closer to becoming…

By – Jackie Allen
America July 10, 2026
Manhattanhenge 2026: Final Summer Sunset Alignment…

NEW YORK — Manhattanhenge is making its final appearance of…

By – Jackie Allen
America July 10, 2026
Jared Isaacman Says NASA Has Unexplained…

WASHINGTON, D.C. — Jared Isaacman, the administrator of NASA, says…

By – Jackie Allen
America July 10, 2026
Jared Isaacman Says NASA Has Unexplained…

WASHINGTON, D.C. — Jared Isaacman, the administrator of NASA, says…

By – Jackie Allen
America July 9, 2026
Erika Kirk Seeks Public Release of…

Erika Kirk, the widow of Turning Point USA co-founder Charlie…

By – Jackie Allen
America July 9, 2026
Bonnie Tyler Remembered as Legendary Welsh…

Bonnie Tyler, the Welsh singer whose unmistakable raspy voice powered…

By – Jackie Allen
America July 9, 2026
Assault on Iran Escalates as U.S.…

The Assault on Iran intensified after the United States launched…

By – Jackie Allen
America July 9, 2026
Broadcom Deal: Apple Commits More Than…

Apple is dramatically expanding its investment in American semiconductor manufacturing…

By – Jackie Allen
America July 8, 2026
Arranged Marriage Ends in Tragedy: Amazon…

An Arranged Marriage that began in the summer of 2025…

By – Jackie Allen
America July 8, 2026
Forensic Scientist Henry Lee’s Final Interview…

A legendary Forensic Scientist whose testimony influenced some of America’s…

By – Jackie Allen
America July 6, 2026
Accused of Rape:  Graham Platner Denies…

Accused of Rape, Maine Democratic U.S. Senate candidate Graham Platner…

By – Jackie Allen
America July 6, 2026
AI Regulation Debate Intensifies After Peter…

 The global debate over AI Regulation took a dramatic turn…

By – Jackie Allen
America July 5, 2026
California Chaos: Fourth of July Celebrations…

California Chaos unfolded across parts of Southern California during the…

By – Jackie Allen
America July 5, 2026
Paul Pelosi Faces Charge After Alleged…

Paul Pelosi, the husband of former House Speaker Nancy Pelosi,…

By – Jackie Allen
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
America July 8, 2026
Arranged Marriage Ends in Tragedy: Amazon…

An Arranged Marriage that began in the summer of 2025…

By – Jackie Allen
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
America July 3, 2026
Mars Rover Images Lead to Debates…

A new Mars Rover image captured by NASA’s Curiosity mission…

By – Jackie Allen
America July 3, 2026
Taylor Swift and Travis Kelce’s Star-Studded…

Taylor Swift and Travis Kelce’s highly anticipated wedding is finally…

By – Rihem Akkouche
America July 3, 2026
Federal Judge Sends Bad Bunny Reggaeton…

INSIDE THIS REPORT A federal judge denied summary judgment to…

By – Samuel Lopez
America July 3, 2026
Mike Rowe Sues Discovery for $2…

Inside This Report Mike Rowe is suing Discovery, claiming the…

By – Samuel Lopez
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Health June 29, 2026
Everything You Need to Know About…

As the calendar turns to July 1, residents of Georgia…

By – Tyler Brooks
Breaking News June 26, 2026
Trump Seeks $1.4 Billion as Congo…

The Trump Ebola funding request would provide more than $1.4…

By – Michallie Harrison
Health June 25, 2026
Temperatures in France were higher than…

The images coming out of Europe this week are nothing…

By – Tyler Brooks
America July 2, 2026
Taylor Swift Wedding Reports Claim Private…

Taylor Swift Wedding speculation intensified after reports claimed that pop…

By – Jackie Allen
High Profile Court Cases July 2, 2026
Justice Served as Former NFL Scout…

The Nashville courtroom fell silent this Wednesday as a jury…

By – Tyler Brooks
America June 29, 2026
Stonewall Riots: An Uprising That Changed…

The Stonewall Riots marked one of the most significant turning…

By – Jackie Allen
Sports June 26, 2026
USMNT Lost to Turkey at 90+8.…

Kaan Ayhan’s goal came in the 90th minute, plus eight.…

By – Nicolas Carreno
Entertainment June 25, 2026
Tears, Goals, and the Siuuu: IShowSpeed’s…

The 2026 FIFA World Cup has been a rollercoaster of…

By – Tyler Brooks
America June 22, 2026
World Cup History Made as Lionel…

World Cup history was made Monday afternoon in Arlington, Texas,…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter