Legal Opinion · Dissent

GEICO Casualty Co. v. Barber

District Court of Appeal of Florida

Decided August 15, 2014No. 5D14-427Published

1DissentSawaya, J.

The decision in Safeco Insurance Co. v. Fridman, 117 So.3d 16 (Fla. 5th DCA 2013), review granted, No. SC13-1607, 2014 WL 1659750 (Fla. Apr. 14, 2014), which I continue to believe is wrongly decided, is distinguishable from the instant case. I, therefore, believe the majority’s reliance on it is misplaced. I also believe that the majority has lost sight of the proper standard of certiorari review to be applied in this case.

Fridman is distinguishable because in that case, there was never any attempt to amend the plaintiffs complaint to allege a cause of action for bad faith after Safeco…

2Cases cited29 opinions

  1. State Farm Mut. Auto. Ins. Co. v. LaforetSupreme Court of Florida · 1995
  2. Williams v. OkenSupreme Court of Florida · 2011
  3. Wollard v. Lloyd's & Companies of Lloyd'sSupreme Court of Florida · 1983
  4. Young v. Progressive Southeastern Ins. Co.Supreme Court of Florida · 2000
  5. Talat Enterprises, Inc. v. Aetna Cas. & Sur. Co.Supreme Court of Florida · 2000

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