State Farm Mutual Automobile Insurance Company v. Bishop

750 So. 2d 101 (1999)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

State Farm Mutual Automobile Insurance Company v. Bishop

Florida District Court of Appeal
750 So. 2d 101 (1999)

  • Written by Liz Nakamura, JD

Facts

In 1991, Michael Bishop (defendant) was injured in an automobile accident. Bishop had an uninsured/underinsured motorist (UM) insurance policy through State Farm Mutual Automobile Insurance Company (State Farm) (plaintiff). In 1995, Bishop sued the other driver (the tortfeasor) for damages. In 1998, approximately seven years after the accident, Bishop’s lawsuit against the tortfeasor settled and the tortfeasor’s insurance company tendered a policy-limit payment to Bishop. Immediately after, Bishop filed a claim under his State Farm UM policy. State Farm denied the claim, stating that it was filed outside the five-year statute-of-limitations period for filing UM claims. Bishop sued State Farm to enforce the UM policy, arguing that his pending lawsuit against the tortfeasor tolled the statute of limitations. State Farm countered, arguing that the statute of limitations was not tolled because the UM policy did not forbid Bishop from filing a UM claim before the conclusion of his underlying pending lawsuit against the third-party tortfeasor. The trial court ruled for Bishop, holding that Bishop’s pending lawsuit tolled the statute of limitations. State Farm appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership