FIDELITY AND CAS. CO. OF NEW YORK v. COPE

No. 82-1706.

444 So.2d 1041 (1984)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. James L. COPE, As Personal Representative of the Estate of Anna L. Cope, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

January 20, 1984.


Attorney(s) appearing for the Case

Jonathan L. Alpert of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellant.

Robert W. Holman of Hammond & Holman, Pinellas Park, and G. Robert Schultz of St. Petersburg, for appellee.


OTT, Chief Judge.

The trial court found that appellant had acted in bad faith by failing to settle a claim made against its insured. Judgment in excess of appellant's policy limits was entered against appellant in favor of the claimant. Appellant raises several points on appeal. Those which merit discussion are (1) whether a certain release and satisfaction specifically released appellant, (2) whether appellant as excess insurer could be guilty of bad faith, and ...

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