The Travelers v. Calhoun

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED THE TRAVELERS HOME AND MARINE INSURANCE COMPANY, Petitioners, v. Case No. 5D14-1392 NANCY H. CALHOUN, AS PERSONAL, ETC., ET AL., Respondents. ________________________________/ Opinion filed October 10, 2014. Petition for Certiorari Review of Order from the Circuit Court for Orange County, Donald A. Myers, Jr., Judge. Daniel R. Duello and Joseph T. Kissane, of Cole, Scott & Kissane, P.A., Jacksonville, for Petitioner. Stephen A. Marino, Jr. and Diana Widjaya, of Ver Ploeg & Lumpkin, P.A., Miami, and Peter J. Gulden and Elizabeth H. Faiella, of Faiella & Gulden, P.A., Winter Park, for Respondent. PER CURIAM. Petitioner, The Travelers Home and Marine Insurance Company, seeks certiorari review of the trial court's order denying its motion to dismiss Respondent s amended complaint that added a claim for bad faith after conclusion of the uninsured motorist claim. In light of our recent opinion in GEICO Casualty Co. v. Barber, --- So. 3d ---, 39 Fla. L. Weekly D1727 (Fla. 5th DCA Aug. 15, 2014), we grant the petition and quash the trial court s order. See also Safeco Ins. Co. of Ill. v. Fridman, 117 So. 3d 16 (Fla. 5th DCA 2013), review granted, 145 So. 3d 823 (Fla. Apr. 14, 2014). PETITION GRANTED; ORDER QUASHED. LAWSON, EVANDER and LAMBERT, JJ. concur. 2

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