In Ana Daniels v. GEICO general Insurance Company, the Eleventh Circuit Court of Appeals affirmed a Middle District order granting summary judgment in favor of GEICO in a bad faith action. This UM case involved a Civil Remedy Notice filed presuit and very early on in the claim. At the time of the CRN, the Plaintiff’s medical expenses were $4,223 and there was no evidence of a permanent injury. Plaintiff demanded the $10,000 UM policy limits. The underlying case was tried and resulted in a verdict of $3,000 for past medical expenses and $200,000 for future medical expenses, with no finding of a permanent injury.
In the bad faith case, GEICO filed a Motion for Summary Judgment. In granting GEICO’s motion, the district judge held that “ an insurer does not act in bad faith for refusing to tender policy limits during the CRN cure period for amounts in excess of established economic damages in the absence of a permanent injury.” The district judge further stated that GEICO’s “refusal to tender the $10,000 UM policy limits during the CRN Cure Period, which was based on the medical records it possessed and Plaintiff’s established economic damages at that time, was not made in bad faith.”