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STATE FARM MUT. AUTO. v. GIBBONS

No. 5D03-2270.

860 So.2d 1050 (2003)

STATE FARM MUTUAL AUTOMOBILE, etc. Petitioner, v. Lisa GIBBONS, Respondent.

District Court of Appeal of Florida, Fifth District.

December 5, 2003.

Attorney(s) appearing for the Case

Gregory W. Herbert, of Greenberg Traurig, P.A., Orlando, and David L. Ross and Elliot H. Scherker, of Greenberg Traurig, P.A., Miami, for Petitioner.

Gilbert S. Goshorn, Jr., and Shannon McLin Carlyle, of The Carlyle Appellant Law Firm, The Villages, and Gregory S. Stark, of McKeever, Albert & Barth, Winter Park, for Respondent, Lisa Gibbons.

TORPY, J.

Respondent, Lisa Gibbons, sued her insurer, Petitioner, State Farm, alleging that State Farm had not complied with section 627.0651(12), Florida Statutes (2002), which prohibits insurance companies from including in their rate base monies paid on bad faith and punitive damages claims and related attorney's fees and taxable costs. She alleged that she tried administrative action, but that the Department of Insurance (DOI) basically ignored her, resulting...

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