PAMELA KING
v.
PEOPLE'S TRUST INSURANCE COMPANY
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.
Pamela King appeals a trial court's dismissal of her insurance complaint for failing to comply with Florida Statutes section 627.70152(3). The appellate court reversed the dismissal, finding the case indistinguishable from Hughes v. Universal Property & Casualty Insurance Co., and certified conflict with a Fourth District decision.
The dismissal is reversed and the case is remanded for further proceedings. The court found that this case is indistinguishable in all material respects from Hughes v. Universal Property & Casualty Insurance Co., which addresses the same statutory compliance issue.
[1] A complaint may not be dismissed for alleged non-compliance with section 627.70152(3), Florida Statutes, when the circumstances are materially indistinguishable from those addressed in Hughes v. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Based on our recent decision in Hughes v. Universal Property & Casualty Insurance Co., 374 So. 3d 900 (Fla. 6th DCA 2023), which is indistinguishable in all material respects from the instant case, we reverse the dismissal and remand this case for further proceedings.”
The court's primary holding, relying on Hughes as precedent for reversing the dismissal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePamela King filed a complaint against People's Trust Insurance Company. The trial court dismissed the complaint on October 30, 2023, finding that King…
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.
Explore caselaw by topic → Browse Appellate Precedent cases and more on FLexlaw
Appeal from the Circuit Court for Orange County.
Evellen Jewett, Judge.
September 13, 2024 PER CURIAM.
Pamela King appeals the trial court’s October 30, 2023, order dismissing her complaint for failing to comply with section 627.70152(3), Florida Statutes. Based on our recent decision in Hughes v. Universal Property & Casualty Insurance Co., 374 So. 3d 900 (Fla. 6th DCA 2023), which is indistinguishable in all material respects 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
2
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. Tinker and Brandon J. Tyler, of Cole, Scott & Kissane, P.A., Tampa, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rodriguez v. Fla. Peninsula Ins. Co. (Fla. 3d DCA 2024)
-
Sanchez v. Sec. First Ins. Co. (Fla. 3d DCA 2024)
-
Mederos v. Edison Ins. Co. (Fla. 3d DCA 2024)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Finfrock v. Sec. First Ins. Co. DBA Sec. First Fla. (Fla. 5th DCA 2023)
- Hughes v. Universal Prop. & Cas. Ins. Co., 374 So.3d 900 (Fla. 6th DCA 2023)