Otero v. Midland Life Insurance Co.
Otero v. Midland Life Insurance Co.
Opinion of the Court
In this action brought under sections 624.155(l)(a)l and 626.9541(l)(x)l, Florida Statutes (1997), for bad faith refusal to insure, Enrique Otero and Hilda Otero [Oteros] appeal the trial court’s amended final judgment which vacated the jury’s award and ordered a new trial on the issue of damages for mental distress. Midland Life Insurance Company [Midland] cross-appeals the denial of its motions for directed verdict. We affirm the ordering of a new trial on the issue of damages, but solely as set forth herein.
Under section 624.155, Florida Statutes (1997), a civil remedy is available
The jury’s original verdict in this case awarded the Oteros $100,000.00
Under section 624.155(4), punitive damages are recoverable only where “the acts giving rise to the violation occur with such frequency as to indicate a general business practice.” The jury found no such general business practice in this case and, therefore, the Oteros are not entitled to punitive damages.
As damages for mental distress and punitive damages are not available, we are left with the basic question of what, if any, actual damages plaintiffs suffered as a result of Midland’s refusal to insure them. Had one of the plaintiffs died without the policies being in effect, the measure of damages would appear to have been simple — i.e., the payment of death benefits (the amount of the policy, less premiums to date) to the beneficiary. In this case, however, both plaintiffs remain alive, thus the policy amount is not a method of measuring damages. The Oteros did claim — and the jury agreed with them — that their health has since deteriorated and they have become uninsurable except at much higher premiums. Their actual recoverable damages thus would be the difference between the cost of Midland’s premiums had the policies originally issued and the cost of the same insurance today. We also note that the Oteros expended attorney’s fees and costs which are recoverable under section 624.155(3), Florida Statutes (1997).
As a consequence, the cause is remanded to the trial court for a determination of the Oteros actual damages predicated solely upon the increase in cost of premiums because of the Oteros’ deteriorated health, as well as their attorney’s fees and costs.
. Which reads:
”(x) Refusal to insure. — In addition to other provisions of this code, the refusal to insure, or continúe to insure, any individual or risk solely because of:
1. Race, color, creed, marital status, sex, or national origin.”
. The amount of life insurance each had tried to obtain from Midland.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.