Legal Opinion

Mills v. State Farm Mutual Automobile Insurance Co.

District Court of Appeal of Florida

Decided December 22, 2009No. 1D09-438PublishedCited by 11 opinions

1Opinion of the CourtClark, J.

The insured appeals from summary judgment entered in favor of State Farm Insurance Company (“State Farm”) in a bad faith action. We reverse.

In the proceedings below, the insured alleged that State Farm acted in bad faith in: 1) failing to settle a claim within policy limits; 2) failing to properly advise her of the possibility of an excess verdict; and 3) failing to inform her of remedial steps available to minimize her risk of a substantial money judgment against her.

The standard of review of a summary judgment is de novo. See O’Brien v. State Farm, 999 So.2d 1081 (Fla. 1st DCA 2009);…

2Cases cited5 opinions

  1. Boston Old Colony Ins. Co. v. GutierrezSupreme Court of Florida · 1980
  2. Berges v. Infinity Ins. Co.Supreme Court of Florida · 2004
  3. Hancock v. Department of CorrectionsDistrict Court of Appeal of Florida · 1991
  4. Walsingham v. DockeryDistrict Court of Appeal of Florida · 1996
  5. O'BRIEN v. State Farm Fire & Cas. Co.District Court of Appeal of Florida · 2009

3Cited by11 opinions

  1. Aery v. Wallace Lincoln-Mercury, LLCDistrict Court of Appeal of Florida · 2013
  2. Ramsey v. Home Depot U.S.A., Inc.District Court of Appeal of Florida · 2013
  3. Charles E. Hawthorne, Jr. v. Douglas S. Lyons and Marsha L. LyonsDistrict Court of Appeal of Florida · 2016
  4. Goheagan v. American Vehicle Insurance Co.District Court of Appeal of Florida · 2012
  5. State Farm Mutual Automobile Insurance Company v. Figler Family Chiropractic, P.A., a/a/o Linda MannersDistrict Court of Appeal of Florida · 2016

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