TRAVELERS INS. CO. v. PEREZ

No. 79-1332.

384 So.2d 971 (1980)

TRAVELERS INSURANCE COMPANY, Appellant, v. Minerva A. PEREZ, Appellee.

District Court of Appeal of Florida, Third District.

June 24, 1980.


Attorney(s) appearing for the Case

Corlett, Merritt, Killian & Sikes and Linda Loomis Shelley, Miami, for appellant.

Kuvin, Klingensmith & Lewis and R. Fred Lewis, Miami, for appellee.

Before HENDRY and BASKIN, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.


BASKIN, Judge.

We are confronted with the question of whether a release of all claims executed by the insured in favor of the insurer, subsequent to the entry of an excess judgment in favor of an injured third party, bars a "bad faith" action against the insurer by the injured third party. We hold that the release does not bar the bad faith claim, and consequently, affirm the decision of the trial court.

Louisa DiMeola, a Travelers' insured under a policy...

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