ERES v. PROGRESSIVE AMERICAN INS. CO.

No. 20-11006.

998 F.3d 1273 (2021)

Heather R. ERES, individually, as Personal Representative of the Estate of Kevin D. Bryant, deceased, and as assignee of Eli Villareal a.k.a Elli Villareal Alvarez, Plaintiff-Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 1, 2021.


Attorney(s) appearing for the Case

Stephen Anthony Marino, Jr. , Ver Ploeg & Marino, PA, MIAMI, FL, Stephen F. Rosenthal , Podhurst Orseck, PA, MIAMI, FL, Michal Meiler , Hunton Andrews Kurth, LLP, MIAMI, FL, for Plaintiff Appellant.

Billy Richard Young , Young Bill Boles Palmer Duke & Thompson, PA, PENSACOLA, FL, Megan Alexander , Jordan M. Thompson , Young Bill Boles Palmer Duke & Thompson, PA, TAMPA, FL, Joshua John Cecil Hartley , Boyd & Jenerette, PA, BOCA RATON, FL, for Defendant-Appellee.

Before JILL PRYOR, NEWSOM, and MARCUS, Circuit Judges.


This case requires us to decide whether, under Florida law, Progressive American Insurance Company acted in bad faith toward its insured when it failed to settle a claim with Heather Eres. After careful review and with the benefit of oral argument, we conclude that it did not. Quite the opposite, in fact. We affirm.

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