Emergency Banner

Fourth District Overturns Final Judgment and Finds Plaintiff's Complaint Impermissibly Sought Bad Faith Damages Under the PIP Statute

The Fourth District overturned a default final judgment when the underlying Complaint sued an insurer under sections 627.736(4)(f), (6)(b), and (11)(f) of the Florida PIP statute. Because these provisions do not provide for damages, the Complaint sought statutory fines under the Unfair Insurance Trade Practices Act. § 626.9521(2), Fla. Stat. (2002). The insurer argued that Plaintiff was improperly seeking bad faith damages. The court agreed and held that Plaintiff’s claims were legally insufficient and that “the statutory remedy for a first-party bad-faith action is found in section 624.155, Fla. Stat.” See full opinion here.

 

Share Now:

Subscribe to our Newsletter

Recent Posts

Join Us For Our Upcoming Complimentary Webinars: April 2026
CE opportunities continue online! We invite clients and other insurance professionals to join us for our upcoming complimentary webinars. For more information,...
Summary Judgment Secured in Wrongful Death Automobile Case
Laurie Adams, of the West Palm Beach office, recently obtained a favorable ruling when the Court granted the defendant’s Motion for Summary Judgment following...
Stand Your Ground Dismissal in Brevard County Case
Phil Wiseberg and Carter Lewis from our West Palm Beach office obtained dismissal of a Brevard County wrongful death action on behalf of an insured delivery...

Only PDF, JPG or GIF can be uploaded.

Search Results Will Show Here

Subscribe To Our Newsletter