CAROL ANN BELLAMY
v.
STATE FARM FLORIDA INSURANCE COMPANY
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A trial court's dismissal of bad faith claims as premature does not warrant certiorari review because such claims may be refiled once the insured establishes entitlement to underlying insurance benefits.
[1] A bad faith cause of action accrues only after an insured has established entitlement to recovery of insurance benefits under the underlying first-party insurance claim.
[2] Dismissal of bad faith claims as premature does not constitute irreparable harm warranting certiorari review where the claims may be refiled once the insured proves entit…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under Florida law, once an insured's first-party action for insurance benefits is resolved in the insured's favor, a cause of action for bad faith can accrue.”
Court explaining the proper timing of bad faith claims in insurance disputes
Bellamy sought certiorari review of a trial court order that dismissed her bad faith claims against State Farm Florida Insurance Company as premature.…
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September 10, 2020 B.L. THOMAS, J.
Bellamy’s petition for writ of certiorari must be dismissed because it fails to demonstrate that the trial court departed from the essential requirements of law, resulting in material injury that cannot be corrected on appeal. See Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 821, 822 (Fla. 2004). Under Florida law, once an insured’s first-party action for insurance benefits is resolved in the insured’s favor, a cause of action for bad faith can accrue. Blanchard v. State Farm Mut. Ins. Co., 575 So. 2d 1289, 1291 (Fla. 1991); see also Vanguard Fire and Cas. Co. v. Golmon, 955 So. 2d 591, 594 (Fla. 1st DCA 2006).
2
No irreparable harm occurred as a result of the trial court’s subsequent order barring Bellamy’s bad faith claims as premature. Bellamy is permitted to bring forth her bad faith claims once she establishes that she is entitled to recovery of her insurance benefits. As a result, the injury brought forth in Bellamy’s petition can be corrected on appeal and we dismiss Bellamy’s petition for writ of certiorari for lack of jurisdiction.
DISMISSED.
WINOKUR and JAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.