Opinion · District Court of Appeal of Florida
Davis v. Gulf Life Insurance Co.
Davis v. Gulf Life Ins. Co., 502 So. 2d 1012 (Fla. Dist. Ct. App. 1987)
- Type
- Opinion
- Court
- District Court of Appeal of Florida
- Jurisdiction
- Florida
- Date
- 1987-02-24
- Topic
- general
PER CURIAM. This is an appeal by the plaintiff Karen Davis from a final summary judgment in an action for intentional infliction of mental distress and related punitive damages. We affirm the final judgment because the record affirmatively demonstrates that the defendant Gulf Life Insurance Company’s conduct in arbitrarily refusing to pay on a valid insurance claim filed by its insured [the plaintiff herein] does not, as a matter of law, amount to the type of conduct *1013which is made actionable under the tort of intentional infliction of mental distress, namely, conduct which is “ ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’ ” Metropolitan Life Ins. Co. v. McCarson, 467 So.2d 277, 278-79 (Fla.1985) (quoting from Restatement of Torts (Second) § 46, comment d (1965)); see Campbell v.
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This is an appeal by the plaintiff Karen Davis from a final summary judgment in an action for intentional infliction of mental distress and related punitive damages. We affirm the final judgment because the record affirmatively demonstrates that the defendant Gulf Life Insurance Company’s conduct in arbitrarily refusing to pay on a valid insurance claim filed by its insured [the plaintiff herein] does not, as a matter of law, amount to the type of conduct
Affirmed.