19 Fla. L. Weekly Supp. 262a
Online Reference: FLWSUPP 1904HUNTInsurance — Bad faith failure to settle claim — Summary judgment is entered for insurer on bad faith claim where plaintiff did not obtain judgment against insurer for breach of contract — Further, plaintiff’s civil remedy notice is invalid due to lack of definitive cure amount
TERRY HUNT, Plaintiff(s), vs. STATE FARM FLORIDA INSURANCE COMPANY, Defendant(s). Circuit Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 10-15456-CI-21. November 22, 2011. John A. Schaefer, Judge. Counsel: Matthew R. Danahy and Raymond T. Elligett, Jr., Tampa, for Plaintiff. Lee Craig and Timothy R. Engelbrecht, Butler, Pappas, Weihmuller, Katz, Craig, Tampa, for Defendant.
REVERSED and remanded. 38 Fla. L. Weekly D774a (Hunt v. State Farm Florida Ins. Co. 4/5/2013)ORDER GRANTING DEFENDANT’S MOTIONFOR FINAL SUMMARY JUDGMENT ORDISMISSAL, DENYING PLAINTIFF’S MOTIONFOR PARTIAL SUMMARY JUDGMENT ANDFINAL SUMMARY JUDGMENT
THIS CAUSE, came before the Court on Defendant’s Motion for Summary Judgment or Dismissal and Plaintiff’s Motion for Partial Summary Judgment. The Court finds as follows:
1. There was no judgment obtained by Plaintiff against State Farm for breach of contract. See Vest. v. Travelers Inc., Co. 753 So.2d 1270 (Fla. 2000) [25 Fla. L. Weekly S177a].
2. Additionally, Plaintiff’s civil remedy notice is invalid because there is no definite “cure” amount. See Talat Enter, Inc. v. Aetna Cas. & Sur Co., 753 So.2d 1278 (Fla. 2000) [25 Fla. L. Weekly S172a] and Askins v. Sunshine State Ins. Co., 981 So.2d 682 (Fla. 4th DCA 2008).
Thus the Court GRANTS Defendant’s Motion for Final Summary Judgment and DENIES Plaintiff’s Motion for Partial Summary Judgment. Defendant’s Alternative Motion for Dismissal is moot.
Plaintiff Terry Hunt shall take nothing by this action and Defendant State Farm Florida Insurance Company shall go hence without day. The Court reserves jurisdiction to determine attorney’s fees and costs as appropriate under Florida law.
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