LARK LYNETTE LAMBERT, APPELLANT,
v.
PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, APPELLEE
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Court affirmed dismissal of Lambert's counterclaim for damages based on Prudential's refusal to settle, but reversed summary judgment denying uninsured motorist coverage, remanding for judgment in Lambert's favor on the coverage issue.
Section 627.727(6), Florida Statutes provides an adequate remedy for disputes over settlement authority, but summary judgment denying uninsured motorist coverage was improper under State Farm v. Lewis.
[1] Section 627.727(6), Florida Statutes provides an adequate statutory remedy to determine rights between insured and insurer regarding settlement authority with a tortfeaso…
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Join FLexlaw to unlock all legal intelligenceLambert sought to recover uninsured motorist coverage and damages from Prudential Insurance. She also claimed damages for Prudential's refusal to allo…
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DOWNEY, Judge.
These consolidated appeals arise out of litigation in which Lambert seeks to recover uninsured motorist coverage and damages from Prudential.
The interlocutory appeal seeks review of an order dismissing one count of Lambert’s counterclaim in which she sought damages for Prudential’s refusal to allow Lambert to settle her claim against the tortfeasor. In the plenary appeal Lambert seeks reversal of a final summary judgment in favor of Prudential finding that Prudential did not afford uninsured motorist coverage for Lambert.
We affirm the dismissal of Count II of Lambert’s counterclaim for the reason that Section 627.727(6), Florida Statutes (1979), afforded Lambert an adequate remedy to determine her rights, as between herself and Prudential, to settle with the tortfeasor. We reverse the final summary judgment in favor of Prudential upon authority of State Farm Mutual Automobile Insurance Company v. Lewis, 425 So. 2d 603 (Fla. 4th DCA 1982).
The cause is remanded to the trial court with directions to enter final summary judgment for Lambert on the coverage issue.
AFFIRMED in part; REVERSED in part.
LETTS, C.J., and WALDEN, J., concur. WALDEN, J., did not participate in oral argument but had an opportunity to review the presentation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Prudential Prop. & Cas. Ins. Co. v. Lark Lynette Lambert, 444 So. 2d 8 (Fla. 1983)…OVERTON, Justice. This is a petition to review a decision of the Fourth District Court of Appeal reported as Lambert v. Prudential Property and Casualty Insurance Co., 426 So. 2d 1194 (Fla. 4th DCA 1983). We find direct conflict with Vetter v. State Farm Mutual Automobile Insurance Co., 423 So. 2d 991 (Fla.3d DCA 1982); Allstate Insurance Co. v. Alvarez, 414 So. 2d 224 (Fla. 3d DCA 1982); Indomenico v. State Farm Mutual Automobil…
Authorities Cited
- Tacy v. Davis, 425 So. 2d 603 (Fla. 4th DCA 1982)
- State Farm Mut. Auto. Ins. Co. v. Lewis, 425 So. 2d 603 (Fla. 4th DCA 1982)