Frank Lopez, et al v. AllState Fire and Casualty Insurance Company

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-16506
________________________
D.C. Docket No. 1:14-cv-20654-MGC
FRANK LOPEZ,
as Personal Representative of the Estate of Giraldo Lopez,
MAGALY NUNEZ-DELGADO,
individually and as assignee of Michelle Soto,
Plaintiffs-Appellees
Cross Appellants,
versus
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY,
Defendant-Appellant
Cross Appellee.
________________________
Appeals from the United States District Court
for the Southern District of Florida
________________________
(February 7, 2018)
Case: 16-16506 Date Filed: 02/07/2018 Page: 1 of 3

-- 1 of 3 --

2
Before MARCUS, ANDERSON and HULL, Circuit Judges.
PER CURIAM:
This appeal arises out of a seven-day jury trial concerning claims for bad
faith under Florida common law. Appellees/Cross-Appellants Frank Lopez, as
executor for the estate of Giraldo Lopez (“Lopez’s estate”), and Magaly Nunez-
Delgado, individually and as assignee of Michelle Soto, brought these claims
against Appellant/Cross-Appellee Allstate Fire and Casualty Insurance Company
(“Allstate”). The jury returned a unanimous verdict, finding that Allstate did not
act in bad faith by failing to settle the claim of Lopez’s estate but that it acted in
bad faith by failing to the settle the claim of Magaly Nunez-Delgado. Subsequent
to trial, the district court entered a final judgment in favor of Allstate against
Lopez’s estate and in favor of Nunez-Delgado against Allstate.
In an omnibus order filed thereafter, the district court denied various post-
trial motions filed by the parties. The district court later amended its judgment to
include, inter alia, damages for Nunez-Delgado in the amount of $315,000.00, plus
prejudgment interest of $40,486.59.
Allstate appeals the district court’s final judgment, omnibus order, and
amended final judgment entered in favor of Nunez-Delgado. Lopez’s estate and
Nunez-Delgado appeal the district court’s omnibus order and amended final
judgment claiming, inter alia, that the district court’s jury charge and verdict form
Case: 16-16506 Date Filed: 02/07/2018 Page: 2 of 3

-- 2 of 3 --

3
erroneously separated the claim into two bad faith claims, and that Nunez-Delgado
is entitled to prejudgment interest from an earlier date.
After careful review, and with the benefit of oral argument, we find no
reversible error in any of the district court’s rulings or its jury instructions and
affirm the final judgment, the amended final judgment, and the omnibus order.
AFFIRMED.
Case: 16-16506 Date Filed: 02/07/2018 Page: 3 of 3

-- 3 of 3 --