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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.

 

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