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PROGRESSIVE SELECT INSURANCE COMPANY v. SHOCKLEY

No. 4D06-4602.

951 So.2d 20 (2007)

PROGRESSIVE SELECT INSURANCE COMPANY, Petitioner, v. Stuart SHOCKLEY, Respondent.

District Court of Appeal of Florida, Fourth District.

February 7, 2007.

Attorney(s) appearing for the Case

John J. Wilke of Wilke & Brooks, P.A., Boca Raton, and Robert I. Buchsbaum of Kramer, Green, Zuckerman, Greene and Buchsbaum, P.A., Hollywood, for petitioner.

John J. Hoffman of Hoffman & Morris, LLC, Singer Island, for respondent.

PER CURIAM.

Progressive seeks a writ of certiorari to quash the trial court's order denying its motion to dismiss a statutory claim for bad faith under sections 624.155 and 626.9541, Florida Statutes (2006). We grant the petition because both the existence of liability and the extent of damages are elements of a statutory cause of action for bad faith, and in this case the extent of damages has not been determined. In allowing this case to proceed before damages have...

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