Bullington Insurance Group, LLC v. Gordon
An injured employee sued both his employer's insurer (for breach of contract and policy reformation) and the insurance broker (for negligence in failing to have him added as a listed driver). The Second DCA granted certiorari, holding the trial court departed from the essential requirements of law under Wells Fargo Insurance Services USA, Inc. v. Blackshear by refusing to dismiss the negligence count against the broker as premature until the coverage claims against the insurer are resolved in the insurer's favor.
Key facts
- An injured employee sued his employer's insurance carrier for breach of contract and policy reformation, and separately sued the insurance broker for negligence in failing to add him as a listed driver.
- The trial court denied the broker's motion to dismiss the negligence count, allowing it to proceed alongside the pending coverage claims against the insurer.
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Why it matters
This decision reaffirms and extends Blackshear, giving insurance agents and brokers a concrete certiorari path to get premature negligence counts dismissed rather than merely abated when coverage litigation against the… — full analysis with a trial
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