The Eleventh Circuit Court reversed the district court’s summary judgment in favor of Kinsale Insurance Company, ruling that a jury could reasonably find Kinsale acted in bad faith by failing to initiate settlement negotiations, given the clear liability and catastrophic injuries involved (Powell v. Prudential Prop. & Cas. Ins. Co., 584 So. 2d 12, 14 (Fla. 3d DCA 1991)). The Court emphasized that the totality of the circumstances, including the Lodge’s security failures and the foreseeability of harm, warranted a jury trial to determine bad faith (Harvey v. GEICO Gen. Ins. Co., 259 So. 3d 1, 7 (Fla. 2018)).
https://media.ca11.uscourts.gov/opinions/pub/files/202212675.pdf