AUTO-OWNERS INSURANCE COMPANY, PETITIONER,
v.
BONITA CONQUEST, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court held that the "any person" language in Florida Statute Section 624.155 allows third parties, not just insureds, to bring civil actions against insurers for unfair claims settlement practices. This decision resolves a conflict among the district courts.
Yes, the phrase "any person" in Section 624.155 is clear and unambiguous and includes third parties, allowing them to bring civil actions against insurers for violations of the Insurance Code.
[1] A civil action may be brought against an insurer by any person damaged by the insurer's violation of enumerated provisions of the Insurance Code.
[2] The phrase "any person" in a statute authorizing civil actions against an insurer is to be given its plain and unequivocal meaning, allowing for actions by third parties.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We find the section’s use of the words “any person” dispositive. The words are precise and their meaning unequivocal.”
Establishes the court's primary basis for its holding.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBonita Conquest was injured when thrown from a horse and sued the horse owner's insurer, Auto-Owners. After a jury awarded her damages, Conquest filed…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Common Law Bad Faith cases and more on FLexlaw
SHAW, Justice.
We have for review the decision in Conquest v. Auto-Owners Insurance Co., 637 So. 2d 40 (Fla. 2d DCA 1994), which certified conflict with the decision in Cardenas v. Miami-Dade Yellow Cab Co., 538 So. 2d 491 (Fla. 3d DCA), review dismissed, 549 So. 2d 1013 (Fla.1989). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. We approve the decision below.
The facts, as determined by the district court, are as follows:
Conquest was injured when thrown from a horse she was riding. Suit was filed against Auto-Owners’ insured alleging that negligent maintenance of his property resulted in conditions which spooked the horse and caused the accident. A. jury trial concluded with a verdict of $327,000 for Conquest, reduced to $130,800 based on comparative negligence. The case was affirmed on appeal.
Conquest then filed a three-count complaint against Auto-Owners and requested damages based on three theories. Count I alleged a statutory violation of the unfair claims settlement practices act. Count II alleged a statutory claim of bad faith refusal to settle. Counts I and II asserted violations of different statutory sections but relied on the civil remedy provision of section 624.155 as the authority to sue. Count III alleged a common law claim of bad faith. The trial court dismissed all three counts with prejudice for failing to state a cause of action.
Conquest, 637 So. 2d at 41-42 (footnote omitted). The district court affirmed the dismissals of counts II and III. Auto-Owners seeks review of the district court’s reversal of the dismissal of count I, which pertains to sections 624.04, 624.155(l)(a)l., and 626.9541(l)(i)3. a., c., d., Florida Statutes (1993).
Section 624.04 defines “person” as used in the Florida Insurance Code and states that:
“Person” includes an individual, insurer, company, association, organization, Lloyds, society, reciprocal insurer or interinsur-anee exchange, partnership, syndicate, business trust, corporation, agent, general agent, broker, solicitor, service representative, adjuster, and every legal entity.
Section 624.155(l)(a)l. tells who may bring a civil action and sets forth Code violations that subject the insurer to suit. The section states, in part, that:
(1) Any person may bring a civil action against an insurer when such person is damaged:
(a) By a violation of any of the following provisions by the insurer:
1. Section 626.9541(l)(i), (o), or (x)-
Bonita Conquest alleged a cause of action under section 624.155(l)(a)l. based on her assertion that Auto-Owners violated section 626.9541(l)(i)3. a., c., and d, of the 1993 Code, which lists the following unfair practices by the insurer:
3. Committing or performing with such frequency as to indicate a general business practice any of the following:
a. Failing to adopt and implement standards for the proper investigation of claims; ...
c. Failing to acknowledge and act promptly upon communications with respect to claims;
d. Denying claims without conducting reasonable investigations based upon available information....
Although the trial court failed to find a cause of action, the district court, compelled by the language of the sections, reached a contrary conclusion and found nothing in the sections that would restrict claims to insureds only. Conquest, 637 So. 2d at 43. In so finding, the district court certified conflict with Cardenas v. Miami-Dade Yellow Cab Co., 538 So. 2d 491 (Fla. 3d DCA 1989), which found that section 624.155(l)(a)l. prohibits third-party actions. For the reasons set out below, we adopt the decision under review and disapprove Cardenas.
Section 624.155 is the mechanism by which a person may bring a civil suit against an insurer who violates the Insurance Code and provides that “[a]ny person may bring a civil action against an insurer when such person is damaged.” We find the section’s use of the words “any person” dispositive. The words are precise and their meaning unequivocal. By choosing this wording the legislature has evidenced its desire that all persons be allowed to bring civil suit when they have been damaged by enumerated acts of the insurer. This Court has a long history of giving deference to a statute’s clear and unambiguous wording. See, e.g., Zuckerman v. Hofrichter & Quiat, P.A., 646 So. 2d 187, 188 (Fla.1994); S.R.G. Corp. v. Department of Revenue, 365 So. 2d 687 (Fla.1978). Since the legislature has not prohibited third-party actions under the Code we are bound by that legislative determination. See also State Farm Mutual Auto. Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995) (section 624.155 provides remedies for first-and third-party actions). We are not unmindful of Cardenas’ premonition that a plain reading of the words any person” as including injured third-parties
would achieve an unreasonable result in that permitting a third party such a cause of action against the insurer any time the insurer allegedly failed to settle in good faith could result in “undesirable social and economic effects ... (i.e., multiple litigation, unwarranted bad faith claims, coercive settlements, excessive jury awards, and escalating insurance, legal and other ‘transaction’ costs).”
538 So. 2d at 496. We are nonetheless compelled by the section’s clear wording and we are not free to speculate on the repercussions.
The decision of the court below is approved and the ease remanded for proceedings consistent with this opinion. We disapprove Cardenas v. Miami-Dade Yellow Cab Co., 538 So. 2d 491 (Fla. 3d DCA 1989), to the extent it conflicts with our decision herein.
It is so ordered.
GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
State v. Mark Marks, P.A., 698 So. 2d 533 (Fla. 1997)…any person” in section 624.155(1), Florida Statutes (1993),19 the legislature evidenced its intent that both first and. third parties be allowed to bring civil suit when damaged by the enumerated acts of an insurer. Auto-Owners Ins. Co. v. Conquest, 658 So. 2d 928, 929 (Fla.1995). As we did in Auto Owners, we find the term “any person” is clear and unequivocal. By using this language, the [*541] legislature intended to prevent all persons, not just those with a contract with the insurer, from committing insur…
-
Young v. State, 719 So. 2d 1010 (Fla. 4th DCA 1998)…accused, see Burk v. State, 705 So. 2d 1003, 1004 (Fla. 4th DCA 1998), this statute is not susceptible to differing constructions. “Any defendant” is all-inclusive language requiring no statutory interpretation. See Auto-Owners Ins. Co. v. Conquest, 658 So. 2d 928, 929 (Fla.1995). This statute clearly includes appellant. Although section 944.705(6)(a), Florida Statutes (1997), requires the Department of Corrections to give notice to every inmate of the provisions of section 775.082(8), section 944.705(6)(b)…
-
State Farm Fire & Cas. Co. v. Zebrowski, 706 So. 2d 275 (Fla. 1997)…GRIMES, Senior Justice. We review Zebrowski v. State Farm Fire & Casualty Co., 673 So. 2d 562 (Fla. 4th DCA 1996), in which the court certified conflict with Conquest v. Auto-Owners Insurance Co., 637 So. 2d 40 (Fla. 2d DCA 1994), approved, 658 So. 2d 928 (Fla.1995), and Cardenas v. Miami-Dade Yellow Cab Co., 538 So. 2d 491 (Fla. 3d DCA 1989). We have jurisdiction under article Y, section 3(b)(4) of the Florida Constitution. Carol Zebrowski sustained personal injuries at a shopping plaza owned by Ha…1 / 2
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995)
- S.R.G. Corp. v. Dep't OF Revenue, 365 So. 2d 687 (Fla. 1978)
- Cardenas v. Miami-Dade Yellow CAB Co., 538 So. 2d 491 (Fla. 3d DCA 1989)
- Bonita Conquest, 637 So. 2d 40 (Fla. 2d DCA 1994)
- Zuckerman v. Hofrichter & Quiat, P.A., 646 So. 2d 187 (Fla. 1994)