Avoiding Bad Faith by Using Statutory Interpleader in Multiple-Claimant Auto Claims

The session explores the new statutory-interpleader procedure enacted as part of the Florida Legislature’s 2023 tort reforms. Specifically, the presentation focuses on the speakers’ experiences litigating some of the early cases filed under the new statute, focusing on key considerations for using interpleader effectively, defensive strategies claimants may deploy, potential risks and protections the procedure introduces, and the open questions and ambiguities that remain.

Attendees will learn about the benefits of using interpleader actions to avoid bad faith in situations involving multiple claimants and policy limits insufficient to resolve all claims, focusing on the statutory creation of the procedure in Florida in 2023 but also discussing the use of the procedure in other jurisdictions. Attendees will also learn of the limitations of this procedure and the questions that remain for the courts to resolve.