THOMAS v. WESTERN WORLD INS. CO.

No. 76-197.

343 So.2d 1298 (1977)

Willie THOMAS and Annie Thomas, His Wife, D/B/a Bon's Laundry # I, Appellants, v. WESTERN WORLD INSURANCE COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 21, 1977.


Attorney(s) appearing for the Case

Richard A. Zacur and Richard Mensh, of Mensh & Mensh, St. Petersburg, for appellants.

Donald M. Spangler, of Marlow, Mitzel, Ortmayer & Shofi, Tampa, for appellee.


PER CURIAM.

The issue in this appeal is whether appellants who are insureds are entitled to seek recovery against their liability carrier for an amount in excess of the policy limits where their insurance carrier has wrongfully refused to defend a negligence action against them. The trial court answered the question in the negative and entered summary judgment in favor of the appellee insurer. We reverse.

It is undisputed that at the time material herein,...

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