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LUMILITE INDUS., INC. v. SOUTHEAST LIFE INS. CO.

No. 78-747.

365 So.2d 1083 (1979)

LUMILITE INDUSTRIES, INC., and Tessie Kaufman, Appellants, v. SOUTHEAST LIFE INSURANCE COMPANY and Capital Bank of Kendale, Appellees.

District Court of Appeal of Florida, Third District.

January 9, 1979.

Attorney(s) appearing for the Case

Robert C. Eber, Miami, for appellants.

Krongold & Bass and Paul H. Bass, Miami, for appellees.

Before PEARSON, KEHOE and SCHWARTZ, JJ.

PER CURIAM.

The plaintiffs, beneficiaries in a life insurance contract, sued their insurance carrier for failure to pay benefits upon a controverted claim. They added a count claiming an independent tort for the failure to pay the claim, alleging bad faith on the part of the insurance company and failure to make a proper investigation of the claim. Discovery was had and, upon both parties moving for summary judgment, affidavits were filed. The trial court entered...

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