Attorney Samuel Alexander Wins Reversal of Dismissal in Fort Lauderdale Appeal

Alexander Appellate Law P.A. has won another first-party insurance appeal, in Gooden v. People's Tr. Ins. Co., 47 Fla. L. Weekly D749 (Fla. 4th DCA Mar. 30, 2022). Our Fort Lauderdale client sued her home insurance provider for bad faith insurance practices, based on its refusal to negotiate with her during its repairs to her property. Among other things, she alleged that People’s Trust failed to communicate with her during the repair process, failed to discuss settlement options in good faith, and refused to consider her input on repairs to her own home.

People’s Trust moved to dismiss her lawsuit on technical grounds—that she was not specific enough in her complaint, and that she could not ever be entitled to a monetary award because People’s Trust had elected to repair.

In reversing, the Fourth District Court of Appeal ruled that People’s Trust’s motion was legally insufficient, and that Ms. Gooden’s complaint met the specificity requirements to allow People’s Trust to respond. The case has been reversed and remanded, and Ms. Gooden’s lawsuit can now proceed.