Can an insurer file for summary judgment before the insured files a lawsuit?

Asked on July 28, 2015 under Insurance Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Only if there is some other lawsuit (e.g. one filed by the insurer) in which to file for summary judgment. Summary judgment is a way to resolve a lawsuit; there can be no summary judgment (or judgment of any kind) without there first being a lawsuit. The motion for summary judgment could be filed shortly after filing the lawsuit, but there still have to be a lawsuit to move for summary judgment in.

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