Lee v. State Farm Mutual Automobile Insurance Co.

District Court of Appeal of Florida

Lee v. State Farm Mutual Automobile Insurance Co.

661 So. 2d 1300, 1995 Fla. App. LEXIS 11433, 1995 WL 638282

CourtDistrict Court of Appeal of Florida

DecidedNovember 1, 1995

DocketNo. 94-2424

StatusPublished

Cited by1 cases

This text of 661 So. 2d 1300 (Lee v. State Farm Mutual Automobile 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.

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Lee v. State Farm Mutual Automobile Insurance Co., 661 So. 2d 1300, 1995 Fla. App. LEXIS 11433, 1995 WL 638282 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

The trial court held that the time for claiming PIP benefits runs from the date of the underlying tort and not the date of a demand for payment relying on Fladd v. Fortune Ins. Co., 530 So.2d 388 (Fla. 2d DCA 1988). We reverse, finding the better reasoning to be that the statute of limitations commenced to run on the date of the breach of the agreement by the insurance company’s failure to pay, in accordance with Levy v. Travelers Ins. Co., 580 So.2d 190 (Fla. 4th DCA 1991). Therefore, the final order of dismissal is reversed and the matter is returned to the trial court for further proceedings.

We recognize and certify that this opinion conflicts with Fladd, supra.

Reversed and remanded with directions.

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PER CURIAM.

The trial court held that the time for claiming PIP benefits runs from the date of the underlying tort and not the date of a demand for payment relying on Fladd v. Fortune Ins. Co., 530 So.2d 388 (Fla. 2d DCA 1988). We reverse, finding the better reasoning to be that the statute of limitations commenced to run on the date of the breach of the agreement by the insurance company’s failure to pay, in accordance with Levy v. Travelers Ins. Co., 580 So.2d 190 (Fla. 4th DCA 1991). Therefore, the final order of dismissal is reversed and the matter is returned to the trial court for further proceedings.

We recognize and certify that this opinion conflicts with Fladd, supra.

Reversed and remanded with directions.

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661 So. 2d 1300, 1995 Fla. App. LEXIS 11433, 1995 WL 638282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-state-farm-mutual-automobile-insurance-co-fladistctapp-1995.

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