Clarke v. Allstate Insurance Co.

I concur in that portion of the main opinion affirming the judgment of the Court of Civil Appeals insofar as it relates to the plaintiffs’ claims alleging bad-faith failure to pay an insurance claim, the tort of outrage, and conspiracy. I must dissent from that portion reversing as to the breach-of-contract, misrepresentation, and suppression claims. The main opinion states that “the record contains substantial evidence indicating that Allstate had not mailed or delivered the endorsement.” 728 So.2d at 140.

Once a defendant moving for a summary judgment makes a prima facie showing that no…