FPCA Automobile Division: Bad Faith Reform Bill Comments Requested; State Farm PIP Class Action Complaint Filed in Broward
Feb 11, 2009
During the Automobile Division meeting held on Monday, February 9, 2009, FPCA Members discussed draft legislation addressing bad faith reform and news regarding a class action complaint filed against State Farm Mutual Automobile Insurance Company in Broward County.
FPCA Seeking Member Comments on Bad Faith Draft Bill
The FPCA has been working with various insurance groups on drafting a bill addressing bad faith reform to be filed during the 2009 Florida Regular Legislative Session. The FPCA is continuing to work toward securing a sponsor for this legislation, a copy of which is attached for your review.
Please review the bill’s phrasing and provide comments or concerns to Katie Webb at kwebb@cftlaw.com no later than Friday, February 20, 2009.
PIP-Related Class Action Filed Against State Farm in Broward County
The Complaint, which was filed by Innovative Health & Wellness, LLC a/a/o Amanda McCaffrey against State Farm Mutual Automobile Insurance Company (“State Farm”), alleges that State Farm has neither changed its insurance policy, nor issued endorsements to its insureds stating that it will apply the Personal Injury Protection (“PIP”) fee schedule enacted by the Florida Legislature in October 2007.
Since the February 9 FPCA meeting, it has been discovered that similar allegations have been made by the aforementioned plaintiff against Geico and Nationwide insurance companies. A pending motion filed by State Farm to dismiss the Complaint is scheduled to be heard during February.
A copy of the Complaint is attached for your review.