SC05-693 – Colleen M. Steadman v. Liberty Mutual Insurance Company, Et Al.

State: Florida

Docket No: SC05-693

Case Date: 05/18/2006

Preview:Supreme Court of Florida
____________ No. SC05-693 ____________ COLLEEN M. STEADMAN, Petitioner, vs. LIBERTY MUTUAL INSURANCE COMPANY, et al., Respondents. [May 18, 2006] LEWIS, J. We have for review Liberty Mutual Insurance Co. v. Steadman, 895 So. 2d 434 (Fla. 2d DCA 2005), in which the Second District Court of Appeal relied upon the Third District Court of Appeal's decision in Inservices, Inc. v. Aguilera, 837 So. 2d 464 (Fla. 3d DCA 2002), quashed, 905 So. 2d 84 (Fla. 2005). At the time the Second District Court of Appeal issued its decision in Steadman, Inservices was pending review in this Court. Obviously, the district court did not have the benefit of our subsequent decision which was rendered on June 16, 2005, in which we quashed and remanded the Third District's decision in Inservices on the basis that the complaint stated a viable cause of action in tort based on conduct which

allegedly occurred during the claim process because the alleged conduct there was to the level of an independent intentional tort. See Aguilera v. Inservices, Inc., 905 So. 2d 84, 93 (Fla. 2005). We have jurisdiction. See art. V,

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