DAISY TAPIA
v.
STATE FARM FLORIDA INSURANCE COMPANY, ETC.

Fla. 3d DCA | 2023-07-12
No. 21-1677
338 So. 3d 1024 Florida District Court of Appeal, Third District (2023) Positive Treatment
Cited by 2 cases

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Holding

An insured's breach of contract action against an insurer is premature when filed without first submitting a supplemental claim, competing estimate, or demand letter specifying the claim to inform the insurer of the amount of additional benefits sought.


Headnotes

[1] An insured must submit a supplemental claim, competing estimate, or demand letter specifying the amount of additional benefits claimed before filing a breach of contract…

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Facts & Procedural History

Daisy Tapia filed a breach of contract action against State Farm Florida Insurance Company in Miami-Dade County Circuit Court.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Goldberg v. Universal Prop. & Cas. Ins. Co., 302 So. 3d 919 (Fla. 4th DCA 2020) (insured’s breach of contract action was premature

where suit was filed without having first submitted supplemental claim,

competing estimate, or demand letter specifying claim to inform insurer of

amount of additional benefits insured believed he was entitled); see also

Allied Prop. Grp., Inc. v. Micor, LLC, 338 So. 3d 1024 (Fla. 3d DCA 2022)

(party cannot raise issue for first time on appeal).

2


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Tapia v. State Farm Fla. Ins. Co., 338 So. 3d 1024 (Fla. 3d DCA 2023)
  • …was filed without having first submitted supplemental claim, competing estimate, or demand letter specifying claim to inform insurer of amount of additional benefits insured believed he was entitled); see also Allied Prop. Grp., Inc. v. Micor, LLC, 338 So. 3d 1024 (Fla. 3d DCA 2022) (party cannot raise issue for first time on appeal).…

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