Safeco Insurance Company of Illinois v. Christine A. Beare
152 So. 3d 614
| Fla. Dist. Ct. App. | 2014Background
- Christine Beare sued third-party tortfeasors after a 2011 auto accident and settled with them in October 2012.
- Beare later amended her complaint to add Safeco (her insurer) for uninsured/underinsured motorist (UM) benefits and a first-party bad faith refusal-to-settle claim; Safeco was served in January 2013.
- Safeco answered the UM claim and moved to dismiss the bad-faith count as premature; the trial court denied dismissal and instead abated the bad-faith claim at the plaintiff’s urging.
- Safeco petitioned for certiorari, arguing the denial/departure prevented removal to federal court (loss of right to remove = irreparable harm) because the bad-faith claim was joined to an older negligence suit.
- The Fourth DCA agreed loss of removal can be irreparable harm (jurisdictional), but concluded the trial court’s abatement did not depart from the essential requirements of law and denied relief.
Issues
| Issue | Beare's Argument | Safeco's Argument | Held |
|---|---|---|---|
| Whether denial of dismissal (and abatement instead) of a premature first-party bad-faith claim departs from the essential requirements of law | Bad-faith claim may be premature, but abatement is an appropriate procedural tool | Vest requires dismissal of premature bad-faith claims; abatement improperly preserves the claim | Court: Abatement is supported by precedent (Tranchese, Ruiz); court did not depart from essential requirements of law |
| Whether denial of dismissal constituted irreparable harm (loss of federal removal) warranting certiorari | Not addressed as separate—Beare supported state-court resolution | Denial prevents removal to federal court because claim joined to an older lawsuit, causing irreparable injury | Court: Loss of right to remove is irreparable (jurisdiction exists), but petitioner failed to show a legal departure; certiorari denied |
Key Cases Cited
- Vest v. Travelers Ins. Co., 753 So. 2d 1270 (Fla. 2000) (premature bad-faith claims should be dismissed as not ripe)
- Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812 (Fla. 2004) (standards for certiorari relief: departure, irreparable harm, no adequate appeal)
- Beazley Ins. Co. v. Banerjee, 123 So. 3d 1184 (Fla. 4th DCA 2013) (loss of right to remove is irreparable harm)
- State Farm Mut. Auto. Ins. Co. v. Tranchese, 49 So. 3d 809 (Fla. 4th DCA 2010) (abatement of first-party bad-faith claim joined with coverage/UM claims is appropriate)
- Allstate Indem. Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005) (suggesting abatement as a tool when coverage and bad-faith actions are filed together)
- GEICO Gen. Ins. Co. v. Harvey, 109 So. 3d 236 (Fla. 4th DCA 2013) (distinguishing third-party bad faith; supports abatement/dismissal options)
- Sunrise Mills (MLP) Ltd. P’ship v. Adams, 688 So. 2d 464 (Fla. 4th DCA 1997) (loss of federal removal is material irreparable injury)