JULIA HONG TRAN, APPELLANT,
v.
STATE FARM FIRE AND CASUALTY COMPANY, APPELLEE
PER CURIAM.
Section 768.79, Florida Statutes, applies to cases brought pursuant to section 627.736, Florida Statutes, and to cases pending in small claims court. Nichols v. State Farm Mutual, 851 So. 2d 742 (Fla. 5th DCA 2003); U.S. Security Insurance Co. v. Cahuasqui, 760 So. 2d 1101 (Fla. 3d DCA 2000), review dismissed, 796 So. 2d 532 (Fla.2001). We accordingly answer the certified questions in the affirmative. We certify to the Florida Supreme Court, however, the following question as one of great public importance: May an insurer recover attorney’s fees under rule 1.442, Florida Rules of Civil Procedure, and section 768.79, Florida Statutes, in an action by its insured to recover under a personal injury protection policy?
AFFIRMED.
BARFIELD, BENTON, and VAN NORTWICK, JJ., concur.
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State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006)…The certified question asks whether the offer of judgment statute applies to PIP suits. The Fifth District answered yes, Nichols, 851 So. 2d at 745, as have the other two district courts to consider the issue. See Tran v. State Farm Fire & Cas. Co., 860 So. 2d 1000 (Fla. 1st DCA 2003); Cahuasqui, 760 So. 2d at 1101. Two of those cases, however, produced dissents. See Nichols, 851 So. 2d at 747 (Sawaya, J., concurring in part and dissenting in part); Cahuasqui, 760 So. 2d at 1107 (Fletcher, J., dissenting). We…
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Caryn N. Davis v. Clark, 326 So. 3d 781 (Fla. 2d DCA 2021)…2 So. 2d 1067, 1080 (Fla. 2006) (applying section 768.79, Florida's offer of judgment statute in the PIP small claims context, and specifically "hold[ing] that the offer of judgment statute applies to PIP suits"); Tran v. State Farm Fire & Cas. Co., 860 So. 2d 1000, 1000 (Fla. 1st DCA 2003) ("Section 768.79, Florida Statutes, applies to cases brought pursuant to section 627.736, Florida Statutes, and to cases pending in small claims court."); U.S. Sec. Ins. Co. v. Cahuasqui, 760 So. 2d 1101, 1104 (Fla. 3d DCA…
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Cent. Fla. Med. & Chiropractic Ctr. v. Progressive Am. Ins. Co. (Fla. 5th DCA 2021)…statute conveyed a clear and definite meaning and that the phrase “any civil action for damages” unambiguously includes suits to recover damages for breach of a PIP insurance contract. Similarly, the court in Tran v. State Farm Fire & Casualty Co., 860 So. 2d 1000 (Fla. 1st DCA 2003), held that section 768.79 specifically applies to cases pending in small claims court. The issue before us then is whether Progressive’s proposal for settlement is enforceable against CFM in this case in the absence of a specific…
Authorities Cited
- Earle v. State, 851 So. 2d 742 (Fla. 4th DCA 2003)
- Castano v. State, 760 So. 2d 1101 (Fla. 5th DCA 2000)
- U.S. Sec. Ins. Co. v. Liliana Cahuasqui, 760 So. 2d 1101 (Fla. 3d DCA 2000)
- Liliana Cahuasqui v. U.S. Sec. Ins. Co., 796 So. 2d 532 (Fla. 2001)