Whitten v. Progressive Cas. Ins. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• a frivolous action is devoid of merit both on the facts and the law and is therefore completely untenable
• not every prevailing party on summary judgment, dismissal for failure to state cause of action, judgment on the pleadings, evidentiary hearing or trial is automatically entitled to attorney’s fees under section 57.105
• “summary judgment is rendered upon a showing that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
• while not expressly addressing the issue of standing, the supreme court held that the only person authorized to reject u.m. coverage under the statute is the named insured, with such rejection binding on any additional insured
• decided under a Florida statute similar to N.C.G.S. § 6-21.5

Source: CourtListener parenthetical corpus (CC0).