WEDNESDAY, DECEMBER 10, 1997
Time Insurance Co. vs Harvey Burger

No. 90,869

Place of Origin
South Florida

Facts
Burger had a medical procedure that cost $500, but the bill submitted to his insurer (Time) contained marks that made the sum appear to be $1,500. Time investigated the suspicious bill and withheld payments. Burger sued in federal court under a Florida statute allowing damages for bad-faith refusal to pay an insurance bill. The jury awarded $50,000 in compensatory and $1 in punitive damages. Time appealed to the 11th Circuit Court of Appeals and argued that Florida law did not authorize the $50,000 payment. Finding no controlling Florida law, the 11th Circuit certified the issue to the Florida Supreme Court.