DAVID R. PAZ, M.D., APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 1985-11-05
Nos. 85-515, 85-1451 and 85-1974
Before SCHWARTZ, C.J., and HUB-BART and NESBITT, JJ.
478 So. 2d 849 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 6 cases
Topics
Denial Of Coverage Breach Of Contract

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the summary judgment in favor of Allstate Insurance Company (Allstate). Resolution of the insured’s action against the tortfeasor was not a prerequisite to arbitration of the insured’s claim for uninsured motorist benefits. Arrieta v. Volkswagen Insurance Co., 348 So. 2d 918 (Fla.3d DCA 1977). Allstate’s refusal to arbitrate the uninsured motorist claim was, in effect, a denial of coverage and a breach of contract. Having breached the contract, Allstate cannot attempt to avoid liability by relying on a provision prohibiting the insured from settling with the tortfeasor without its consent. Aristonico Infante v. Preferred Risk Mutual Insurance Co., 364 So. 2d 874 (Fla.3d DCA 1978). Accordingly, the final summary judgment, and the accompanying judgment for costs, are

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Wegener v. Int'l Bankers Ins. Co., 494 So. 2d 259 (Fla. 3d DCA 1986)
    …ation rights — upon which the insurer now seeks to rely. Indian River State Bank v. Hartford Fire Ins. Co., 46 Fla. 283, 35 So. 228 (1903); Tillis v. Liverpool & London & Globe Ins. Co., 46 Fla. 268, 35 So. 171 (1903); Paz v. Allstate Insurance Co., 478 So. 2d 849 (Fla. 3d DCA 1985); Aristonico Infante v. Preferred [*260] Risk Mutual Insurance Co., 364 So. 2d 874 (Fla. 3d DCA 1978); Cunningham v. Austin Ford, Inc., 189 So. 2d 661 (Fla. 3d DCA 1966), cert. dismissed, 198 So. 2d 829 (Fla.1967); American Fidelit…
  • Sanchez v. Am. Ambassador Cas. Co., 559 So. 2d 344 (Fla. 2d DCA 1990)
    …ss her petitions for same before conceding that Sanchez was, in fact, entitled to arbitration. An insurer’s refusal to arbitrate an uninsured motorist claim is effectively a denial of coverage and a breach of contract. Paz v. Allstate Insurance Co., 478 So. 2d 849, 850 (Fla. 3d DCA 1985). Here, although American Ambassador did not formally reject Sanchez’s claim, its failure to respond to the demand for arbitration and motions to dismiss had the effect of denying coverage. Furthermore, although American Amba…
  • United States Fire Ins. v. Mikes, 576 F. Supp. 2d 1303 (M.D. Fla. 2007)
    …). 20 . In support of this argument, they cite to Kohne II; Ramos v. Nw. Mut. Ins. Co., 336 So.2d 71 (Fla.1976); Stewart Sleep Ctr., Inc. v. Atl. Mut. Ins. Co., 860 F.Supp. 1514 (M.D.Fla. 1993); Paz v. Allstate Ins. Co., 478 So.2d 849, 850 (Fla.Dist.Ct.App.1985); and Aristonico Infante v. Preferred Risk Mut. Ins. Co., 364 So.2d 874, 875 (Fla.Dist.Ct.App.1978). 21 . Copies of these disclaimers, except the Eleventh Coverage Disclaimer are filed separately at Doc. 329.…

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