Paz v. Allstate Ins. Co.
Cases that cite this one
5 later published cases cite this decision.
- CCER Investments LLC v. Scottsdale Insurance Company (United States District Court for the Southern District of Florida 2025)
- United States Fire Insurance v. Mikes (United States District Court for the Middle District of Florida 2007)
- Philadelphia Indemnity Insurance v. Kohne (11th Cir. 2006)
- Sanchez v. American Ambassador Cas. Co. (Fla. Dist. Ct. App. 1990)
- Wegener v. International Bankers Ins. Co. (Fla. Dist. Ct. App. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
David R. PAZ, M.D., Appellant,
v.
ALLSTATE INSURANCE COMPANY, aPPELLEE.
District Court of Appeal of Florida, Third District.
Magill & Lewis and R. Fred Lewis, Miami, for appellant.
Adams, Hunter, Angones, Adams, Adams & McClure and Christopher Lynch, Miami, for appellee.
*850 Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.
PER CURIAM.
We reverse the summary judgment in favor of Allstate Insurance Company (Allstate). Resolution of the insured's action against the tortfeasor was not a prerequisite to arbitration of the insured's claim for uninsured motorist benefits. Arrieta v. Volkswagen Insurance Co., 343 So.2d 918 (Fla.3d DCA 1977). Allstate's refusal to arbitrate the uninsured motorist claim was, in effect, a denial of coverage and a breach of contract. Having breached the contract, Allstate cannot attempt to avoid liability by relying on a provision prohibiting the insured from settling with the tortfeasor without its consent. Aristonico Infante v. Preferred Risk Mutual Insurance Co., 364 So.2d 874 (Fla.3d DCA 1978). Accordingly, the final summary judgment, and the accompanying judgment for costs, are
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.