DUANE EUGENE OWEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (28 total)

• State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995)
  …“judgment creditor.” Id. at 264. By the time the legislature enacted section 624.155 in 1982, it was clearly established in Florida law that third-party bad faith actions existed at common law. Thompson; Opperman v. Nationwide Mutual Fire Ins. Co., 515 So. 2d 263 (Fla. 5th DCA 1987), review denied, 523 So. 2d 578 (Fla.1988). There was, however, no first-party action by an insured [*59] for bad faith in Florida at common law. Baxter. Unlike third-party bad faith actions, in first-party bad faith actions the i…

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• Blanchard v. State Farm Mut. Auto. Ins. Co., 575 So. 2d 1289 (Fla. 1991)
  …e reasoned that the claim arising from bad faith is grounded upon a legal duty to act in good faith, and is thus separate and independent of the claim arising from the contractual obligation to perform. See Opperman v. Nationwide Mut. Fire Ins. Co., 515 So. 2d 263 (Fla. 5th DCA 1987), review denied, 523 So. 2d 578 (Fla.1988); see also State Farm Mut. Auto. Ins. Co. v. Lenard, 531 So. 2d 180 (Fla. 2d DCA 1988); accord Rowland v. Safeco Ins. Co. of Am., 634 F.Supp. 613 (M.D.Fla.1986). The contrary view has bee…
• Allstate Indem. Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005)
  …ith and deal fairly in those instances where an insured seeks first-party coverage or benefits under a policy of insurance. See Laforet, 658 So. 2d at 59 (citing § 624.155, Fla. Stat. (Supp.1982)); see also Opperman v. Nationwide Mut. Fire Ins. Co., 515 So. 2d 263, 266 (Fla. 5th DCA 1987) (quoting legislative history which provides “[section 624.155] requires insurers to deal in good faith to settle claims. Current case law requires this standard in liability claims, but not in uninsured motorist coverage....…

Authorities Cited

• L.S. v. State, 464 So. 2d 1195 (Fla. 1985)