Chubb Indemnity Ins. Co. v. Stoyanovich, 121 So.3d 607 (Fla. 4th DCA 2013).October 24, 2014 | Category: Subro News and Cases
In a case prosecuted by Kramer Green, our client’s insured filed a claim for a missing diamond engagement ring valued at $206,000. The insured’s ex-fiancé broke off the engagement and then claimed not to know the whereabouts of the ring. The insurer paid the claim and then filed a three count complaint against the ex-fiancé for negligence, replevin, and breach of bailment. The trial court dismissed the negligence and breach of bailment counts finding that any causes of action for damages arising out of an oral contract to marry were barred in Florida. Florida’s Fourth District Court of Appeal disagreed and reversed the dismissal. The court held the ex-fiancé could be held liable for negligence and breach of bailment. The case settled not long after this successful appellate reversal was obtained. Chubb Indemnity Ins. Co. v. Stoyanovich, 121 So.3d 607 (Fla. 4th DCA 2013).