Legal Opinion

Schoeck v. Allstate Insuance Company

District Court of Appeal of Florida

Decided October 13, 2017No. Case 2D16-3161PublishedCited by 2 opinions

1Opinion of the Court

NORTHCUTT, Judge.

The circuit court ruled that Amanda Schoeck failed to satisfy a condition precedent to her suit against Allstate Insurance Company, and on that basis it granted summary judgment to Allstate. We reverse because Allstate waived Schoeck’s alleged noncompliance with the condition at issue.

In 2009, Schoeck was injured while a passenger in a vehicle owned and driven by her father. Schoeck alleged in her complaint that the driver of another vehicle caused the collision in which she was injured but lacked liability coverage sufficient to fully satisfy her damages claims. At the time…

2Cases cited5 opinions

  1. Young v. Progressive Southeastern Ins. Co.Supreme Court of Florida · 2000
  2. Flores v. Allstate Ins. Co.Supreme Court of Florida · 2002
  3. State Farm Mutual Automobile Insurance Company v. Robin CurranSupreme Court of Florida · 2014
  4. Gilmore v. St. Paul Fire and Marine Ins.District Court of Appeal of Florida · 1998
  5. Sommerville v. Allstate Insurance Co.District Court of Appeal of Florida · 2011

3Cited by2 opinions

  1. State Farm Mutual Automobile Insurance Company v. Anna Bevilacqua SpanglerCourt of Appeals for the Eleventh Circuit · 2023
  2. MYRTLE GANNON v. JOHN CUCKLER, M. D.District Court of Appeal of Florida · 2019

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