JOHN REED BAKER, APPELLANT,
v.
PROGRESSIVE EXPRESS INSURANCE COMPANY, APPELLEE
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 court denied Progressive's petition and granted MTM's cross-petition, affirming the constitutionality of the mandatory arbitration provision in section 627.736(5) based on Florida Supreme Court precedent, while reversing the circuit court's finding that the attorney's fees provision was unconstitutional.
The court held that the circuit court erred in reversing the county court's order regarding attorney's fees, finding the provision constitutional, and denied Progressive's petition based on Florida Supreme Court precedent.
MTM sued Progressive, and the county court ordered arbitration under section 627.736(5). The circuit court affirmed the dismissal but found the attorn…
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.
PER CURIAM.
Affirmed. See State Farm Fire & Cas. Co. v. Zebrowski 706 So. 2d 275, 277 (Fla.1997)(third party is authorized to “file a bad-faith claim directly against the liability insurer without an assignment by the insured upon obtaining a judgment in excess of the policy limits”); Cunningham, v. Standard Guar. Ins. Co., 630 So. 2d 179 (Fla.1994)(excess judgment unnecessary when insurer and injured third party agreed to try bad-faith action before underlying negligence claim; if no bad faith found claim would be settled for policy limit, and insured would not be exposed to excess judgment).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cunningham v. Standard Guar. Ins. Co., 630 So. 2d 179 (Fla. 1994)
- State Farm Fire & Cas. Co. v. Zebrowski, 706 So. 2d 275 (Fla. 1997)