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INDUSTRIAL FIRE & CAS. INS. CO. v. ROMER

Nos. 80-1011, 80-1767 and 80-1896.

432 So.2d 66 (1983)

INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY, Appellant, v. Gerald C. ROMER, Appellee. Gerald C. ROMER, Appellant, v. INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 21, 1983.

Attorney(s) appearing for the Case

Nancy Little Hoffmann, P.A., and James W. Dawson of Fazio, Dawson, Steinberg & DiSalvo, Fort Lauderdale, for Industrial Fire & Cas. Ins. Co.

James P. O'Flarity of Law Offices of James P. O'Flarity, P.A., Palm Beach, for Gerald C. Romer.

Larry Klein, West Palm Beach, as amicus curiae.

LETTS, Chief Judge.

In a multi-count complaint filed by an insured, it was alleged that his insurance company had maliciously and wrongfully withheld PIP1 benefits from him in violation of an affirmative duty to exercise good faith, thereby intentionally causing the insured to suffer severe emotional distress and mental anguish. We omit a lengthy discussion on the endless procedural ins and outs...

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