State Farm Mutual Automobile Insurance Co. v. Oteiza

Prior to the Supreme Court opinion in Blanchard v. State Farm Mutual Automobile Insurance Company 575 So.2d 1289 (Fla.1991), the trial court refused to abate “bad faith” counts pending a trial on counts alleging breach of an insurance agreement. The jury returned an adverse verdict as to the carrier. We reverse for a new trial upon the authority of Blanchard even though the trial judge did direct a verdict in favor of the carrier on the “bad faith” counts, as such conduct was argued to the jury in opening statements and evidence was offered to support such conduct during plaintiffs case.1

Rever…