You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

United Services Automobile Ass'n v. Grant

Citations: 555 So. 2d 892; 1990 Fla. App. LEXIS 70; 1990 WL 1037Docket: No. 89-2930

Court: District Court of Appeal of Florida; January 4, 1990; Florida; State Appellate Court

Narrative Opinion Summary

In this case, United Services Automobile Association (USAA) sought a writ of certiorari challenging a trial court's decision to deny its motion to abate a bad faith claim pending the resolution of underlying breach of contract and tort claims filed by the Grants. The Grants' complaint involved claims for uninsured motorist benefits, intentional infliction of emotional distress, and unfair claims settlement practices under Florida law. USAA argued that simultaneous litigation of the bad faith claim would be prejudicial and cited past case law to support its position. However, the court noted the Third District Court of Appeal's departure from the precedent cited by USAA in light of the Florida Supreme Court's decision in Kujawa v. Manhattan Nat'l Life Ins. Co. The court instead upheld the trial court's decision by referencing State Farm Mut. Auto. Ins. Co. v. Kelly, which supports the joinder of bad faith claims with uninsured motorist claims. Additionally, the court dismissed USAA's concerns regarding potential unauthorized discovery as speculative. Consequently, the court denied the writ of certiorari, affirming that USAA failed to demonstrate a deviation from essential legal requirements. The decision was concurred by Chief Judge Shivers and Judges Ervin and Nimmons.

Legal Issues Addressed

Joinder of Bad Faith Claims with Uninsured Motorist Coverage Claims

Application: The court upheld the trial court's decision allowing the joinder of the bad faith claim with the uninsured motorist coverage claim, aligning with the precedent established in State Farm Mut. Auto. Ins. Co. v. Kelly.

Reasoning: The court adopted the reasoning in State Farm Mut. Auto. Ins. Co. v. Kelly, which upheld the joinder of bad faith claims with claims for uninsured motorist coverage.

Potential Unauthorized Discovery in Concurrent Claims

Application: USAA's concerns regarding unauthorized discovery requests in simultaneous proceedings were dismissed due to the absence of any pending discovery requests.

Reasoning: USAA's argument about potential unauthorized discovery was dismissed as it did not indicate any such requests were currently pending.

Requirement for Demonstrating Deviation from Legal Norms

Application: USAA failed to show that the trial court's decision represented a departure from essential legal requirements, which is necessary for granting a writ of certiorari.

Reasoning: Consequently, the court found that USAA did not demonstrate that the trial court had deviated from essential legal requirements, leading to the denial of the writ of certiorari.