STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT,
v.
BERNABE OTEIZA, APPELLEE
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PER CURIAM.
Prior to the Supreme Court opinion in Blanchard v. State Farm Mutual Automobile Insurance Company 575 So. 2d 1289 (Fla.1991), the trial court refused to abate “bad faith” counts pending a trial on counts alleging breach of an insurance agreement. The jury returned an adverse verdict as to the carrier. We reverse for a new trial upon the authority of Blanchard even though the trial judge did direct a verdict in favor of the carrier on the “bad faith” counts, as such conduct was argued to the jury in opening statements and evidence was offered to support such conduct during plaintiffs case.1
Reversed and remanded with directions for a new trial.
. Cases are decided on appeal on the law as it exists at the time of the appellate decision and not on the law as it existed at the time of trial. Hendeles v. Sanford Auto Auction, Inc., 364 So. 2d 467 (Fla. 1978); Florida Eastcoast Railway Co. v. Rouse, 194 So. 2d 260 (Fla. 1967); Weiss-man v. State Farm Mutual Automobile Insurance Company, 349 So. 2d 749 (Fla. 3d DCA 1977); Personnel Board of City Miami Beach v. Majewski, 227 So. 2d 498 (Fla. 3d DCA 1969).
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Safeco Ins. Co. OF Ill. v. Fridman, 117 So. 3d 16 (Fla. 5th DCA 2013)…ire Ins. Co. v. Navarro, 642 So. 2d 1200 (Fla. 3d DCA 1994) (homeowner’s insurance claim); Sivilla v. State Farm Mut. Auto. Ins. Co., 614 So. 2d 553 (Fla. 3d DCA 1993) (automobile collision insurance claim); State Farm Mut. Auto. Ins. Co. v. Oteiza, 595 So. 2d 1094 (Fla. 3d DCA 1992). Id. Similarly, in Trafalgar at Greenacres, Ltd. v. Zurich American Insurance Co., 100 So. 3d 1155 (Fla. 4th DCA 2012), the court explained: It is well settled that a statutory first-party bad faith action is premature until two…
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Doan v. John Hancock Mut. Life Ins. Co., 727 So. 2d 400 (Fla. 3d DCA 1999)…Fire Ins. Co. v. Navarro, 642 So. 2d 1200 (Fla. 3d DCA 1994)(homeowner’s insurance claim); Sivilla v. State Farm Mut. Auto. Ins. Co., 614 So. 2d 553 (Fla. 3d DCA 1993)(automobile collision insurance claim); State Farm Mut. Auto. Ins. Co. v. Oteiza, 595 So. 2d 1094 (Fla. 3d DCA 1992). In Rubio, the plaintiffs’ home was burglarized and personal property was stolen. The allegation was made that the insurer unreasonably failed to conclude its investigation and satisfy their claim. Suit was filed some eight month…
Authorities Cited
- Fla. E. Coast Ry. Co. v. Rouse, 194 So. 2d 260 (Fla. 1966)
- Blanchard v. State Farm Mut. Auto. Ins. Co., 575 So. 2d 1289 (Fla. 1991)
- Hendeles v. Sanford Auto Auction, Inc., 364 So. 2d 467 (Fla. 1978)
- Pers. Bd. OF the City OF Miami Beach v. Majewski, 227 So. 2d 498 (Fla. 3d DCA 1969)
- Weissman v. State Farm Mut. Auto. Ins. Co., 349 So. 2d 749 (Fla. 3d DCA 1977)