ALLSTATE INSURANCE COMPANY, PETITIONER,
v.
MARILEE KELLEY, ET AL., RESPONDENTS
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The court held that a claim for bad faith failure to pay an insurance claim, which is essentially a breach of contract action, cannot support a claim for punitive damages.
Allstate Insurance Company petitioned for a writ of certiorari to quash an order denying its motion to dismiss Count II of a complaint, which included…
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UPCHURCH, Judge.
Allstate Insurance Company has filed a petition for writ of certiorari to quash an order of the circuit court denying a motion to dismiss Count II of the complaint, including a claim for compensatory and punitive damages. Respondents have failed to reply although ordered to do so by this court.
In Sunrise Olds-Toyota, Inc. v. Monroe, 476 So. 2d 240 (Fla. 5th DCA 1985), this, court granted a petition for certiorari and quashed an order denying a motion to dismiss because the complaint failed to state a cause of action for punitive damages. The court cited Jaimot v. Media Leasing Corp., 457 So. 2d 529 (Fla. 5th DCA 1984) which held that since a claim for punitive damages could serve as a basis for a net worth inquiry, the trial court’s failure to strike an invalid punitive damages claim was a departure from the essential requirements of law, giving rise to irreparable injury.
Count II of the complaint in the case before us is based on bad faith failure to pay an insurance claim. It does not allege a separate tort, but is basically a breach of contract action and therefore the punitive damages claim is improper. See, e.g., Lewis v. Guthartz, 428 So. 2d 222 (Fla.1982); Jaimot v. Media Leasing Corp., supra.
Writ of Certiorari issued and the order denying petitioner’s motion to dismiss as to the claim for punitive damages is quashed.
COBB, C.J., and COWART, J., concur.
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Citizens Prop. Ins. Corp. v. Perdido SUN Condo. Ass'n, Inc., 164 So. 3d 663 (Fla. 2015)…ction for breach of contract. Butchikas v. Travelers Indem. Co., 343 So. 2d 816 (Fla.1976); Rubio v. State Farm Fire & Cas. Co., 662 So. 2d 956, 957 (Fla. 3d DCA 1995), review denied, 669 So. 2d 252 (Fla.1996); Opperman; Allstate Ins. Co. v. Kelley, 481 So. 2d 989 (Fla. 5th DCA 1986). The Legislature addressed this issue in 1982 by the adoption of section 624.155, Florida Statutes. As our Supreme Court has indicated, “[tjhrough this statute, the Legislature created a first-party bad faith cause of action....…
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Citizens Prop. Ins. Corp. v. Garfinkel, 25 So. 3d 62 (Fla. 5th DCA 2009)…ction for breach of contract. Butchikas v. Travelers Indem. Co., 343 So. 2d 816 (Fla.1976); Rubio v. State Farm Fire & Cas. Co., 662 So. 2d 956, 957 (Fla. 3d DCA 1995), review denied, 669 So. 2d 252 (Fla.1996); Opperman; Allstate Ins. Co. v. Kelley, 481 So. 2d 989 (Fla. 5th DCA 1986). The Legislature addressed this issue in 1982 by the adoption of section 624.155, Florida Statutes. As our Supreme Court has indicated, “[tjhrough this statute, the Legislature created a first-party bad faith cause of action....…
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Opperman v. Nationwide Mut. Fire Ins. Co., 515 So. 2d 263 (Fla. 5th DCA 1987)…fraud or intentional infliction of mental distress, the only relief available on a first party claim was a cause of action for breach of contract. See Butchikas v. Travelers Indemnity Co., 343 So. 2d 816 (Fla.1976); Allstate Insurance Co. v. Kelley, 481 So. 2d 989 (Fla. 5th DCA 1986); Smith v. Standard Guaranty Insurance Co., 435 So. 2d 848 (Fla. 2d DCA 1983) (and cases cited therein); Industrial Fire & Casualty Insurance Co. v. Romer, 432 So. 2d 66 (Fla. 4th DCA 1983). The Oppermans argue that section 624.1…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lewis v. Barnett Guthartz, 428 So. 2d 222 (Fla. 1982)
- Jaimot v. Media Leasing Corp., 457 So. 2d 529 (Fla. 5th DCA 1984)
- Sunrise Olds-Toyota, Inc. v. Monroe, 476 So. 2d 240 (Fla. 5th DCA 1985)