Simon v. State Farm Mutual Automobile Insurance Company

Filing 28

ORDER entered 24 abating Motion. Signed by Judge Roy B. Dalton, Jr. on 3/12/2015. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
KAREN SIMON,
Plaintiff,
v.

Case No. 6:14-cv-2125-Orl-37GJK

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.
ORDER
This cause is before the Court on the following:
1.

Defendant State Farm Mutual Automobile Insurance Company’s Motion to
Abate Plaintiff’s Unaccrued Claims for Bad Faith and Incorporated
Memorandum of Law (Doc. 24), filed February 26, 2015; and

2.

Plaintiff Karen Simon’s Response to Defendant State Farm Mutual
Automobile Insurance Company’s Motion to Abate (Doc. 26), filed
March 10, 2015.

This insurance coverage action is before the Court on Defendant’s request to
abate Plaintiff’s bad faith claim. (Doc. 24.) Defendant argues that the bad faith claim will
not accrue until coverage has been determined. (Id.) Plaintiff disagrees but nevertheless
does not oppose abatement of the bad faith claim. (See Doc. 26.)
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Defendant State Farm Mutual Automobile Insurance Company’s Motion to
Abate Plaintiff’s Unaccrued Claims for Bad Faith and Incorporated
Memorandum of Law (Doc. 24) is GRANTED.

2.

Plaintiff’s common law bad-faith and statutory bad-faith claims in Counts III
and IV of her Second Amended Complaint (Doc. 22, ¶¶ (Count III) and
statutory bad faith (Count IV) claims are ABATED pending disposition of
her coverage and breach of contract claims in Counts I and II.

DONE AND ORDERED in Chambers in Orlando, Florida, on March 12, 2015.

Copies:
Counsel of Record

2