Originally published by Shaun Marker .
Recently the Fourth District Court of Appeal (“4th DCA”) abated a bad faith case brought against Safeco. The underlying issue of coverage was also involved in the lawsuit. We have often discussed how Florida law requires a determination of liability and extent of damages before a bad faith action can proceed. The 4th DCA decided to abate and not dismiss a bad faith action against Safeco Insurance Company in an opinion issued September 17, 2014.1
Ms. Beare sued third parties because of injuries she sustained in an automobile accident. Those parties settled and Ms. Beare amended her complaint to add her insurance carrier, Safeco, for uninsured/underinsured benefits (“UM”) under her policy and for bad faith refusal to settle her claim. Safeco answered the UM claim, but filed a motion to dismiss the bad faith claim as premature. The trial court abated the bad faith count instead of dismissing it. Safeco filed a petition to the 4th DCA arguing it was irreparably…
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Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
from Texas Bar Today http://ift.tt/ZaceKH
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