Imhof v. Nationwide Mutual Insurance

The appellee moved to dismiss the complaint for failure to state a cause of action and alleged the following:

Specifically, the carrier’s insisting upon its contractual right to arbitrate Plaintiff’s claim can in no way be considered a violation of Section 624.155, Fla.Stat. (1987). Plaintiff has not alleged that the arbitration award was in excess of the insurance policy limits, which is the only legal basis upon which a cause of action under Section 624.155 has been predicated. Alternatively, Plaintiff has failed to allege entitlement to any legally cognizable damages, because the only…