Legal Opinion
Mohamad R. Samiian, M.D., individually etc. v. First Professionals Insurance etc.
District Court of Appeal of Florida
Decided December 1, 2015No. 1D14-3656PublishedCited by 1 opinion
1Opinion of the CourtBenton, J.
Dr. Mohamad Samiian" asks us to reverse the summary final judgment exonerating his medical malpractice insurer, First Professionals Insurance Company, Inc. (EPIC). The 'trial court ruled’ that Dr. Samiian’s bad faith action against FPIC was barred by the “safe harbor” provision in section 766.1185(l)(a), Florida Statutes (2005).' But, because subsection (2), not subsection (l)(a), controls, disputed issues of material fact precluding summary judgment remain. We reverse summary judgment, accordingly, and remand for further proceedings.
After Dr. Samiian performed liposuction on April 13, 2004,…
2Cases cited12 opinions
- Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
- Moore v. MorrisSupreme Court of Florida · 1985
- Aetna Casualty & Surety Co. v. Protective National Insurance Co. of OmahaDistrict Court of Appeal of Florida · 1993
- Hope v. Citizens Property Insurance Corp.District Court of Appeal of Florida · 2013
- Dianne v. WingateDistrict Court of Appeal of Florida · 2012
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3Cited by1 opinion
- Florida Carry, Inc., and Rebekah Hargrove v. John E. Thrasher, an individualDistrict Court of Appeal of Florida · 2018