KUNBOK LEE AND GISUN LEE, INDIVIDUALLY AND AS THIRD PARTY BENEFICIARIES, APPELLANTS,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND STATE FARM FIRE AND CASUALTY COMPANY, APPELLEES
KUNBOK LEE AND GISUN LEE, INDIVIDUALLY AND AS THIRD PARTY BENEFICIARIES, APPELLANTS,
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND STATE FARM FIRE AND CASUALTY COMPANY, APPELLEES
661 So. 2d 1300
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State Farm Mut. Auto. Ins. Co. & State Farm Fire & Cas. Co. v. Kunbok LEE and Gisun Lee, 678 So. 2d 818 (Fla. 1996)…PER CURIAM. We have for review Lee v. State Farm Mutual Automobile Insurance Co., 661 So. 2d 1300 (Fla. 3d DCA 1995), which expressly and directly conflicts with the opinion in Fladd v. Fortune Insurance Co., 530 So. 2d 388 (Fla. 2d DCA), review denied, 539 So. 2d 475 (Fla.1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. For the reaso…
Authorities Cited
- Levy v. The Travelers Ins. Co. & Aetna Cas. & Sur. Co., 580 So. 2d 190 (Fla. 4th DCA 1991)
- Fladd v. Fortune Ins. Co., 530 So. 2d 388 (Fla. 2d DCA 1988)