CLEMENT v. PRUDENTIAL PROPERTY & CAS. INS. CO.

No. 85-3579.

790 F.2d 1545 (1986)

George H. CLEMENT, Plaintiff-Appellant, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 10, 1986.


Attorney(s) appearing for the Case

James F. McKenzie, McKenzie & Associates, Pensacola, Fla., for plaintiff-appellant.

Donald H. Partington, Clark, Partington, Hart, Hart & Johnson, Pensacola, Fla., for defendant-appellee.

Before HILL and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.


HILL, Circuit Judge:

This case presents the question whether, under Florida law, an insured's claim against his insurer for bad faith failure to settle within the limits of his liability insurance policy survives an agreement which releases the insured from any liability beyond the limits of his policy. We also must decide whether an insured may maintain a breach of contract action against his insurer for damages beyond the limits of his policy for the insurer's failure...

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