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Estate of Morton v. United States

District Court of Appeal of Florida, Fourth District
Dec 12, 1984
460 So. 2d 526 (Fla. Dist. Ct. App. 1984)

Summary

noting that separate counts for "outrage" and "intentional infliction of emotional distress" constitute one cause of action

Summary of this case from NICKERSON v. HSNI, LLC

Opinion

No. 84-615.

December 12, 1984.

Appeal from the Circuit Court for Broward County, Robert Lance Andrews, J.

Charles E. Pettit of Butler Pettit, P.A., Fort Lauderdale, for appellant.

Marilyn Martin and Marcia E. Levine of Fazio, Dawson DiSalvo, Fort Lauderdale, for appellees.


This appeal results from the dismissal with prejudice of two counts of a complaint; count I entitled "intentional infliction of emotional distress," and count IV entitled "tort of outrage."

The parties agree that the separate counts should constitute but one cause of action, outrageous conduct causing severe emotional distress, and therefore one count should be dismissed. The parties further agree that the trial court erred in dismissing these counts with prejudice thereby failing to give the appellant the right to amend. Appellant, however, contends that the allegations in either count I or count IV sufficiently state a cause of action.

This court has recognized that a cause of action can exist for outrageous conduct causing severe emotional distress arising from an insurer's failure to pay benefits. Metropolitan Life Insurance Company v. McCarson, 429 So.2d 1287 (Fla. 4th DCA 1983). See also Dominguez v. Equitable Life Assurance Society of the United States, 438 So.2d 58 (Fla. 3d DCA 1983). It is clear that the appellant can amend to properly state such a cause of action in this case in light of the allegations of both count I and count IV as well as the remaining counts and the documents attached to the complaint.

Accordingly, the appellant should be given the opportunity to combine and clarify the allegations of the complaint as they relate to this cause of action by way of amendment. We therefore reverse and remand with directions to the trial court to proceed in accordance with this opinion.

REVERSED AND REMANDED.

ANSTEAD, C.J., and GLICKSTEIN, J., concur.


Summaries of

Estate of Morton v. United States

District Court of Appeal of Florida, Fourth District
Dec 12, 1984
460 So. 2d 526 (Fla. Dist. Ct. App. 1984)

noting that separate counts for "outrage" and "intentional infliction of emotional distress" constitute one cause of action

Summary of this case from NICKERSON v. HSNI, LLC
Case details for

Estate of Morton v. United States

Case Details

Full title:ESTATE OF MARIE MORTON, APPELLANT, v. UNITED STATES FIDELITY GUARANTY…

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 12, 1984

Citations

460 So. 2d 526 (Fla. Dist. Ct. App. 1984)

Citing Cases

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The outrageous conduct and intentional infliction of emotional distress counts, which we treat as the same…

NICKERSON v. HSNI, LLC

Plaintiff's claim of "outrage" is construed as a claim for intentional infliction of emotional distress. See…