The insurer appealed from an underlying partial final judgement rendered by the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County in favor of the insured on her uninsured motorist claim after the insurer tendered its policy limits, and the trial court’s simultaneous order granting the insured’s motion to amend the complaint to add a first-party bad faith claim.
The Fourth treated the appeal as a petition for a writ of certiorari and denied the petition finding it did not constitute a departure from the essential requirements of the law. The appellate court noted the split of authority on this issue.
Editor’s Note: This issue will likely be settled by Florida Supreme Court.
The full opinion may be found at: http://www.4dca.org/opinions/Jan.%202016/01-13-16/4D14-2895op.pdf