DAVID FAIRBANKS AND LYNN FAIRBANKS, APPELLANTS,

v.

WINN-DIXIE STORES, INC., APPELLEES

Citator

Cited By

• Scott v. Progressive Express Ins. Co., 932 So. 2d 475 (Fla. 4th DCA 2006)
  …tt is precluded from bringing a bad faith claim because his compensatory damages were paid in the settlement of the PIP lawsuit is unpersuasive and controlled by this court’s decision in Howell-Demarest v. State Farm Mutual Automobile Insurance Co., 673 So. 2d 526 (Fla. 4th DCA 1996). In Howell, the insured’s State Farm policy provided $100,000 in medical payment coverage and $10,000 in PIP coverage. The PIP coverage paid 80% of the medical expenses and 60% of the loss of income up to its limits. After an acc…
• Newman v. Am. Home Assurance Co., Inc. (S.D. Fla. 2024)
  …rida law, an insured who relies upon “other claims” evidence for purposes of punitive damages must provide evidence of at least three other claims in addition to his own to survive summary judgment. Howell-Demarest v. State Farm Mut. Auto. Ins. Co., 673 So. 2d 526, 529 (Fla. 4th DCA 1996). Plaintiffs have done so here. Plaintiffs also rely upon evidence of American Home's allegedly inadequate staffing practices, which purportedly led to an increased reliance on unqualified ---PAGE 46--- outside adjusters, a…
• Ocean Reef Charters, LLC v. Travelers Prop. Cas. Co. of Am. (S.D. Fla. 2024)
  …ful, wanton, or malicious behavior, or reckless disregard for the rights of its insureds. Moreover, two other instances of conduct are not sufficient to plausibly allege a general business practice. Howell- Demarest v. State Farm Mut. Auto Ins. Co., 673 So.2d 526, 528 (Fla. Dist. Ct. App. 6 ---PAGE 7--- Case 9:23-cv-81222-RAR Document 65 Entered on FLSD Docket 02/26/2024 Page 7 of 8 1996) (three other similar instances of conduct did not show sufficient general business practice for punitive damages). Fina…

Authorities Cited

• Schaap v. Publix Supermarkets, Inc., 579 So. 2d 831 (Fla. 1st DCA 1991)
• Altman v. Publix Supermarkets, Inc., 579 So. 2d 351 (Fla. 3d DCA 1991)