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S.E. FIDELITY INS. CO. v. EARNEST

No. 80-1149.

395 So.2d 230 (1981)

SOUTHEASTERN FIDELITY INSURANCE COMPANY, Appellant, v. Linda Joyce EARNEST n/k/a Linda Castillo, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1981.

Attorney(s) appearing for the Case

Haddad & Josephs and Michael Seth Cohen, Miami, for appellant.

Sidney L. Syna, Miami, for appellee.

Before HUBBART, C.J., and SCHWARTZ and NESBITT, JJ.

SCHWARTZ, Judge.

In accordance with our prior opinion in this case, Southeastern Fidelity Ins. Co. v. Earnest, 378 So.2d 787 (Fla. 3d DCA 1979), the lower court conducted a non-jury trial to determine whether Ms. Earnest could establish that the UM carrier, Southeastern, had not been prejudiced by her unauthorized settlement with and release of the under-insured tortfeasor, Mrs. Bradwell. The trial judge found that an absence...

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