PROGRESSIVE SELECT INSURANCE COMPANY, PETITIONER,
v.
STUART SHOCKLEY, RESPONDENT
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PER CURIAM.
Progressive seeks a writ of certiorari to quash the trial court’s order denying its motion to dismiss a statutory claim for bad faith under sections 624.155 and 626.9541, Florida Statutes (2006). We grant the petition because both the existence of liability and the extent of damages are elements of a statutory cause of action for bad faith, and in this case the extent of damages has not been determined. In allowing this case to proceed before damages have been determined, the trial court has departed from the essential requirements of law. Blanchard v. State Farm Mut. Auto. Ins. Co., 575 So. 2d 1289 (Fla. 1991). For the reasons expressed by the first district in Vanguard Fire & Casualty Co. v. Golmon, 31 Fla.
L. Weekly D2835, — So. 2d —, 2006 WL 3299196 (Fla. 1st DCA Nov.15, 2006), we agree with Progressive that it will suffer irreparable harm, which includes discovery of its accident file, if it is forced to defend against both the UM claim and the bad faith claim simultaneously. We therefore grant the petition and remand for the trial court to either dismiss the bad faith claim or abate the bad faith claim until the UM claim is resolved.
KLEIN, SHAHOOD and TAYLOR, JJ., concur.
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Fridman v. Safeco Ins. Co. OF Ill., 185 So. 3d 1214 (Fla. 2016)…usly indicated, the courts have repeatedly held that a determination of the extent of the damages is a prerequisite to the bad faith action. See Vest[, 753 So. 2d at 1276]; Blanchard[, 575 So. 2d at 1291]; [Progressive Select Ins. Co. v.] Shockley[, 951 So. 2d 20 (Fla. 4th DCA 2007) ]. A collateral legal consequence of the UM proceedings is that the confessed judgment in the amount of the policy limits, which has been foisted upon Frid-man-against his will by Safeco in an attempt to deprive Fridman of his ri…
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State Farm Mut. Auto. Ins. Co. v. O'Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008)…78 So. 2d 489 (Fla. 5th DCA 1991). While we recognize that some courts have held that such orders are reviewable by way of certiorari in first-party bad faith actions, see, e.g., Golmon, 955 So. 2d at 594-95; Progressive Select Ins. Co. v. Shockley, 951 So. 2d 20, 20 (Fla. 4th DCA 2007), we follow this court’s reasoning in Copeland that the simple fact that the denial of a motion to dismiss results in a premature claim going forward does not, by itself, establish irreparable harm to the insurer. Therefore, b…
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State Farm Mut. Auto. Ins. Co. v. Tranchese, 49 So. 3d 809 (Fla. 4th DCA 2010)…Tranchese.1 We grant the petition as to the abatement, because the final determination of coverage and damages for the underlying claim has not been made, which must precede a statutory bad faith action. See Progressive Select Ins. Co. v. Shockley, 951 So. 2d 20 (Fla. 4th DCA 2007). Where causes of action for both the underlying damages and bad faith are brought in the same action, the appropriate step is to abate the bad faith action until coverage and damages have been determined. See Allstate Indem. Co.…
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- Blanchard v. State Farm Mut. Auto. Ins. Co., 575 So. 2d 1289 (Fla. 1991)