This story is reprinted with permission from FC&&S Legal, the industry's only comprehensive digital resource designed for insurance coverage law professionals. Visit the website to subscribe.
The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurer's advertising slogan – “like a good neighbor, State Farm is there” — was “puffery” and an insured could not claim that it amounted to a misrepresentation of material fact sufficient to support a fraud claim against the insurer.
|The Case
Joseph Broadway was injured in an automobile accident when his car was struck by a negligent driver. Mr. Broadway recovered $25,000 from the at-fault driver's automobile insurance company; that was the coverage limit.
Mr. Broadway then sought to recover underinsured motorist (“UIM”) benefits from his own auto insurer, State Farm Mutual Automobile Insurance Company. He contended that his damages exceeded the amount he had recovered from the at-fault driver's insurance and he sought to recover the full coverage amount of his UIM benefits under his State Farm policy: $25,000.
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