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DAVIS v. NATIONWIDE MUT. FIRE INS. CO.

No. KK-207.

370 So.2d 1162 (1979)

Mary Jane Chalke DAVIS, Earl Cosgrove and James Michael Wiley, Appellants, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, a Foreign Corporation, and Allstate Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearings Denied June 6, 1979.

Attorney(s) appearing for the Case

Edna L. Caruso and Montgomery, Lytal, Reiter, Denny & Search, P.A., West Palm Beach, and Frank G. Howatt, St. Augustine, for appellants.

William R. Swain and Douglass E. Myers, Jr., of Webb, Swain & Watson, P.A., for Nationwide, and Marion R. Shepard of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for Allstate, appellees.

PER CURIAM.

Appellants appeal from an order granting a motion to dismiss with prejudice their complaint against appellee insurance companies for bad faith dealings. They contend that under the circumstances of this case an allegation of an offer to settle within policy limits was not a prerequisite for their suit against the insurer for an excess verdict. We agree and reverse.

Appellants were involved in an automobile...

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