Taylor v. State Farm Florida Insurance Co.
After a water-damage appraisal award was paid without interest, the insured sued State Farm for breach of the policy's loss-payment provision and under section 627.70131(5)(a), Florida Statutes (2020). The trial court dismissed both counts with prejudice based on the statute's bar on the statutory violation forming 'the sole basis for a private cause of action.' The Fifth DCA reversed as to the contract claim, holding the statutory limitation does not bar a breach-of-contract action premised on a policy's independent, express promise to pay interest.
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