Lee v. State Farm Mutual Automobile Insurance Co.

Florida District Courts of Appeal
Lee v. State Farm Mutual Automobile Insurance Co., 661 So. 2d 1300 (1995)
1995 Fla. App. LEXIS 11433; 1995 WL 638282
Barkdull, Jorgenson, Levy

Lee v. State Farm Mutual Automobile Insurance Co.

Opinion of the Court

PER CURIAM.

The trial court held that the time for claiming PIP benefits runs from the date of the underlying tort and not the date of a demand for payment relying on Fladd v. Fortune Ins. Co., 530 So.2d 388 (Fla. 2d DCA 1988). We reverse, finding the better reasoning to be that the statute of limitations commenced to run on the date of the breach of the agreement by the insurance company’s failure to pay, in accordance with Levy v. Travelers Ins. Co., 580 So.2d 190 (Fla. 4th DCA 1991). Therefore, the final order of dismissal is reversed and the matter is returned to the trial court for further proceedings.

We recognize and certify that this opinion conflicts with Fladd, supra.

Reversed and remanded with directions.

Reference

Full Case Name
Kunbok LEE and Gisun Lee, Individually and as third party beneficiaries v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and State Farm Fire and Casualty Company
Cited By
1 case
Status
Published