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4th DCAOctober 7, 2026Affirmed in part, Reversed in part, and Remanded⭐ Notable

Federal Insurance Co. v. Perlmutter

Case No. 4D2022-1558

On remand from the Florida Supreme Court's decision in Perlmutter II clarifying the section 768.72 punitive-damages amendment standard, the Fourth District re-examined orders allowing the Perlmutters to amend counterclaims to seek punitive damages. It affirmed as to Peerenboom but reversed as to employee Douberley (insufficient pleading allegations and insufficient proffer of specific-intent intentional misconduct) and as to Federal Insurance (vicarious theory failed with Douberley and, independently, because no proffer showed a 'managing agent' knowingly participated in, condoned, ratified, or consented to the conduct).

Key facts

  • Federal Insurance Co. and employee Douberley were sued by the Perlmutters, who sought to amend their counterclaims to add punitive damages claims based on alleged conspiracy, conversion, and abuse of process.
  • The trial court had previously allowed the amendments, but the case was remanded by the Florida Supreme Court in Perlmutter II to reconsider the punitive damages standard under section 768.72.
  • +2 more key facts with a free trial

Why it matters

This is the Fourth District's application of the Florida Supreme Court's new Perlmutter II framework for section 768.72 punitive-damages amendments, and it is likely to be the leading practical roadmap for both movants… — full analysis with a trial

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