SHUSTER v. SOUTH BROWARD HOSP. DIST. PHYSICIANS' PROFESSIONAL LIABILITY INS. TRUST

No. 89-1422.

570 So.2d 1362 (1990)

Marvin M. SHUSTER, M.D., and Marvin M. Shuster, M.D., P.A., Appellants, v. SOUTH BROWARD HOSPITAL DISTRICT PHYSICIANS' PROFESSIONAL LIABILITY INSURANCE TRUST, a Florida Self-Insurance Trust, Appellee.

District Court of Appeal of Florida, Fourth District.

December 5, 1990.


Attorney(s) appearing for the Case

Charles C. Powers of Powers and Koons, West Palm Beach, for appellants.

Jay Cohen and Scott J. Frank of Atkinson, Jenne, Diner, Stone & Cohen, P.A., Hollywood, for appellee.


WARNER, Judge.

This case presents an issue of first impression in Florida: whether an insured can maintain a common law action for bad faith against his insurer where the insurer has settled a cause of action against the insured within the policy limits of the insurance contract, exposing the insured to no excess liability. We hold that such a complaint fails to state a cause of action and affirm.

Appellants, a physician and his professional corporation, were...

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