KATHERINE ASHLEY FINFROCK
v.
SECURITY FIRST INSURANCE COMPANY DBA SECURITY FIRST FLORIDA
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Katherine Finfrock appealed the dismissal of her complaint against Security First Insurance Company. The appellate court reversed the dismissal and remanded the case, finding the trial court's order indistinguishable from a recent appellate decision that held such dismissals improper.
The court reversed the trial court's dismissal order and remanded the case for further proceedings, finding the circumstances indistinguishable from Hughes v. Universal Property & Casualty Insurance Co., which established that such dismissals were improper.
“Based on our recent decision in Hughes v. Universal Property & Casualty Insurance Co., No. 6D23-296, 2023 WL 8108671 (Fla. 6th DCA Nov. 22, 2023), which is indistinguishable in all material respects from the instant case, we reverse the dismissal and remand this case for further proceedings.”
Establishes the court's primary basis for reversing the trial court's dismissal order—reliance on controlling precedent from Hughes
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Join FLexlaw to unlock all legal intelligenceKatherine Finfrock filed a complaint against Security First Insurance Company d/b/a Security First Florida. The trial court granted the insurance comp…
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PER CURIAM.
AFFIRMED.
EDWARDS, HARRIS and PRATT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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King v. People's Tr. Ins. Co., 374 So. 3d 900 (Fla. 6th DCA 2024)…cts from the instant case, we reverse the dismissal and remand this case for further proceedings. For the same reasons set forth in Hughes, we certify this decision to be in direct conflict with Cole v. Universal Property & Casualty Insurance Co., 363 So. 3d 1089 (Fla. 4th DCA 2023). REVERSED and REMANDED. CONFLICT CERTIFIED. NARDELLA and BROWNLEE, JJ., concur. LAMBERT, B.D., Associate Judge, concurs in result only. Jeremy D. Bailie, of Weber, Crabb & Wein, P.A., St. Petersburg, for Appellant. Mark D. Tink…
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Hughes v. Universal Prop. & Cas. Ins. Co., 374 So.3d 900 (Fla. 6th DCA 2023)…explained below, and even though we might decide differently if writing on a blank slate, we conclude that we are bound by Menendez and its progeny. We therefore reverse and certify conflict with Cole v. Universal Property & Casualty Insurance Co., 363 So. 3d 1089 (Fla. 4th DCA 2023). Section 627.70152, Florida Statutes (2021) When the Insured filed her lawsuit in August 2021, section 627.70152 contained eight interrelated subsections.3 We begin by discussing the relevant provisions and their relation to ea…1 / 2
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Smith v. Universal Prop. & Cas. Ins. Co., 49 Fla. L. Weekly D1850 (Fla. 5th DCA 2024)…ion 627.70152, Florida Statutes (2021), was enacted, requiring insureds to send a pre-suit notice of their intent to initiate litigation against an insurer. Relying upon the then recent opinion in Cole v. Universal Property & Casualty Insurance Co., 363 So. 3d 1089 (Fla. 4th DCA 2023), which held that section 627.70152 applies retroactively, Universal moved for summary judgment below. The Smiths conceded that they did not serve a pre-suit notice upon Universal, but argued that the statutory requirement could n…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cole v. Universal Prop. & Cas. Ins. Co., 363 So. 3d 1089 (Fla. 4th DCA 2023)