Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 04-10-2024
Case Style:
Case Number: 1:23-cv-24397
Judge: Kathleen M. Williams
Court: United States District Court for the Southern District of Florida (Miami-Dade County)
Plaintiff's Attorney: Scott Ballard Bennett
Defendant's Attorney: Davin Matthe Miret and David Orestes Caballero
Description: Miami, Florida personal injury car wreck lawyer represented the Plaintiff who sued on an auto negligence insurance law theory.
In this action was to recover uninsured motorist benefits, Melquiades Blanco (“Plaintiff”) filed a two-count Complaint against Progressive Express Insurance Company (“Defendant”) for breach of contract (Count I) and violation of Fla. Stat. § 624.155
Defendant moved to dismiss Count II of Plaintiff's Complaint on the ground that “Plaintiff's bad faith claim in Count II of the Complaint is premature” because “there has been no determination of liability and damages in the underlying claims for breach of contract or negligence, making it legally impossible for Plaintiff to comply with the conditions precedent to bringing an action against [Defendant] for bad faith under Fla. Stat. § 624.155.”
Florida uninsured motorist coverage, as well as underinsured motorist coverage, provides additional protection if you or a loved one suffered damages in an accident by another driver who was driving without insurance or who has too little insurance to compensate you fully.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: