The past months have seen a rise in new insurance coverage and bad faith filings. Notably, a significant number of claims filed at both federal and state courts were dismissed favoring insurers due to the lack of "direct physical loss or damage" to property. In the recent McNamara v. Government Employees Insurance decision, the U.S. Court of Appeals for the Eleventh Circuit reversed the Florida district court’s decision dismissing the bad faith claim. The Eleventh Circuit held that “consent judgment is the ‘functional equivalent’ of an excess judgment that permits the insured to proceed against the insurer for bad faith.”