Hunton Insurance Recovery Blog

In a recently published opinion,^[1] the Superior Court of New Jersey Appellate Division answered a question of first impression: whether the New Jersey Transportation Network Company Safety and Regulatory Act (the “Act”), which requires “transportation network companies”^[2] to provide at least $1.5 million in underinsured motorist insurance coverage, applies to food delivery services such as Uber Eats. 

On Thursday, Florida’s highest court held that prior to litigating a first-party bad faith action arising from an uninsured/underinsured motorist (“UM”) case, an insured is entitled to a jury determination of liability and the full extent of potentially recoverable damages, even if in excess of policy limits.  Fridman v. Safeco Ins. Co. of Illinois, No. SC13-1607 (Fla. Feb. 25, 2016).  And, such a determination is binding on the insurer in the subsequent bad faith action so long as the parties had an opportunity for appellate review of any trial errors.

The ruling is premised on ...