Garcia v. State Farm Mutual Automobile Insurance
District Court of Appeal of Florida
1Opinion of the CourtSawaya, J.
Lourdes Garcia appeals the order compelling arbitration of her personal injury protection claim against her insurer, State Farm Mutual Automobile Insurance Company (State Farm).1 We reverse because the statute upon which the order was based has been held unconstitutional. We find that even if the statute were valid, reversal is warranted because it is inapplicable by its own terms.
Garcia was injured in a 1996 automobile accident. She filed suit in county court against State Farm after State Farm notified her that it was terminating chiropractic and medical payments coverage which it had…
2Cases cited8 opinions
- Fischer v. KnuckSupreme Court of Florida · 1986
- Nationwide Mut. Fire Ins. Co. v. Pinnacle Med., Inc.Supreme Court of Florida · 2000
- Rittman v. Allstate Ins. Co.District Court of Appeal of Florida · 1999
- State Farm Fire and Cas. Co. v. RayDistrict Court of Appeal of Florida · 1990
- Livingston v. State Farm Mut. Auto. Ins. Co.District Court of Appeal of Florida · 2000
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3Cited by2 opinions
- Oglesby v. State Farm Mut. Auto. Ins. Co.District Court of Appeal of Florida · 2001
- Marquez v. National Fire & Marine Insurance CompanyDistrict Court, S.D. Florida · 2021