Davis v. Gulf Life Insurance Co.

District Court of Appeal of Florida

Davis v. Gulf Life Insurance Co.

502 So. 2d 1012, 12 Fla. L. Weekly 610, 1987 Fla. App. LEXIS 6967

CourtDistrict Court of Appeal of Florida

DecidedFebruary 24, 1987

DocketNo. 86-1738

StatusPublished

Cited by3 cases

This text of 502 So. 2d 1012 (Davis v. Gulf Life Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Gulf Life Insurance Co., 502 So. 2d 1012, 12 Fla. L. Weekly 610, 1987 Fla. App. LEXIS 6967 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

This is an appeal by the plaintiff Karen Davis from a final summary judgment in an action for intentional infliction of mental distress and related punitive damages. We affirm the final judgment because the record affirmatively demonstrates that the defendant Gulf Life Insurance Company’s conduct in arbitrarily refusing to pay on a valid insurance claim filed by its insured [the plaintiff herein] does not, as a matter of law, amount to the type of conduct [1013]*1013which is made actionable under the tort of intentional infliction of mental distress, namely, conduct which is “ ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’ ” Metropolitan Life Ins. Co. v. McCarson, 467 So.2d 277, 278-79 (Fla.1985) (quoting from Restatement of Torts (Second) § 46, comment d (1965)); see Campbell v. Prudential Ins. Co., 480 So.2d 666, 667 (Fla. 5th DCA 1985); Bowen v. Aetna Life & Casualty Co., 10 F.L.W. 2659 (Fla. 3d DCA Dec. 3, 1985).

Affirmed.

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PER CURIAM.

This is an appeal by the plaintiff Karen Davis from a final summary judgment in an action for intentional infliction of mental distress and related punitive damages. We affirm the final judgment because the record affirmatively demonstrates that the defendant Gulf Life Insurance Company’s conduct in arbitrarily refusing to pay on a valid insurance claim filed by its insured [the plaintiff herein] does not, as a matter of law, amount to the type of conduct [1013]*1013which is made actionable under the tort of intentional infliction of mental distress, namely, conduct which is “ ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’ ” Metropolitan Life Ins. Co. v. McCarson, 467 So.2d 277, 278-79 (Fla.1985) (quoting from Restatement of Torts (Second) § 46, comment d (1965)); see Campbell v. Prudential Ins. Co., 480 So.2d 666, 667 (Fla. 5th DCA 1985); Bowen v. Aetna Life & Casualty Co., 10 F.L.W. 2659 (Fla. 3d DCA Dec. 3, 1985).

Affirmed.

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502 So. 2d 1012, 12 Fla. L. Weekly 610, 1987 Fla. App. LEXIS 6967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-gulf-life-insurance-co-fladistctapp-1987.

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