PROGRESSIVE SELECT INSURANCE COMPANY v. Shockley
Cases that cite this one
11 later published cases cite this decision.
- Adrian Fridman v. Safeco Insurance Company of Illinois (Fla. 2016)
- Lewis v. Allied World Specialty Insurance Company (United States District Court for the Southern District of Florida 2023)
- Citizens Property Ins. Corp. v. Calonge (Fla. Dist. Ct. App. 2018)
- Geico General Insurance Company v. Kelly Paton (Fla. Dist. Ct. App. 2014)
- Gianassi v. State Farm Mutual Automobile Insurance (United States District Court for the Middle District of Florida 2014)
- Geico General Insurance Co. v. Harvey (Fla. Dist. Ct. App. 2013)
- Safeco Insurance v. Fridman (Fla. Dist. Ct. App. 2013)
- 21st Century Insurance Co. of California v. Morneau (Fla. Dist. Ct. App. 2010)
- State Farm Mutual Automobile Insurance Co. v. Tranchese (Fla. Dist. Ct. App. 2010)
- Porcelli v. OneBeacon Ins. Co., Inc. (United States District Court for the Middle District of Florida 2008)
- State Farm Mut. Auto. Ins. Co. v. O'HEARN (Fla. Dist. Ct. App. 2008)
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
PROGRESSIVE SELECT INSURANCE COMPANY, Petitioner,
v.
Stuart SHOCKLEY, Respondent.
District Court of Appeal of Florida, Fourth District.
John J. Wilke of Wilke & Brooks, P.A., Boca Raton, and Robert I. Buchsbaum of Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A., Hollywood, for petitioner.
John J. Hoffman of Hoffman & Morris, LLC, Singer Island, for respondent.
PER CURIAM.
Progressive seeks a writ of certiorari to quash the trial court's order denying its motion to dismiss a statutory claim for bad faith under sections 624.155 and 626.9541, Florida Statutes (2006). We grant the petition because both the existence of liability and the extent of damages are elements of a statutory cause of action for bad faith, and in this case the extent of damages has not been determined. In allowing this case to proceed before damages have been determined, the trial court has departed from the essential requirements of law. Blanchard v. State Farm Mut. Auto. Ins. Co., 575 So.2d 1289 (Fla. 1991). For the reasons expressed by the first district in Vanguard Fire & Casualty *21 Co. v. Golmon, 31 Fla. L. Weekly D2835, ___ So.2d ___, 2006 WL 3299196 (Fla. 1st DCA Nov.15, 2006), we agree with Progressive that it will suffer irreparable harm, which includes discovery of its accident file, if it is forced to defend against both the UM claim and the bad faith claim simultaneously. We therefore grant the petition and remand for the trial court to either dismiss the bad faith claim or abate the bad faith claim until the UM claim is resolved.
KLEIN, SHAHOOD and TAYLOR, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.