Insurer Not Liable For Excess Judgment Where Alleged Bad Faith Did Not Cause the Judgment

In Messinese v. USAA Casualty Insurance Company, 2015 U.S. App. LEXIS 13519 (11th Cir. Aug. 4, 2015), the insured struck the plaintiff, Mr. Messinese, while driving intoxicated. Mr. Messinese sustained serious injuries including paralysis and brain damage. The insured had an auto policy with USAA with limits of $100,000 per person and $300,000 per accident. The insured also had a homeowner’s policy with USAA, but it excluded coverage for injuries arising out of the use of an automobile.

USAA immediately advised the insured that …

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