Civil Litigation

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Burgess v. Allstate Indemnity Co.

27 Fla. L. Weekly D814 (Fla. 2nd DCA, April 19, 2002)

Appellant, insured under an Allstate Indemnity Company insurance policy, sued Allstate when it refused to pay the full amount of his medical bills resulting from an automobile accident. Allstate argued that because the appellant had not been sued by the medical providers, he had suffered no damage. The circuit court agreed and granted summary judgment. The Second District Court of Appeal adopted the reasoning of Kaklamanos v. Allstate Insurance Co., 796 So.2d 555 (Fla. 1st DCA 2001), and reversed the summary judgment. The Kaklamanos court found that an insured could be damaged by an insurance company

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