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CONTINENTAL INS. CO. v. HERMAN

Nos. 89-45, 89-341.

576 So.2d 313 (1990)

CONTINENTAL INSURANCE COMPANY, and Underwriters Adjusting Company, Appellants, v. Joseph HERMAN, As Guardian of the Person and Property of Ina Herman, an Incompetent, and Joseph Herman, Individually, and Marrero and Martinez Corporation, D/B/a Rastro-74, Appellees.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing March 26, 1991.

Attorney(s) appearing for the Case

Corlett, Killian, Ober, Hardeman, McIntosh & Levi and Love Phipps, Miami, for appellants.

Preddy, Kutner, Hardy, Rubinoff, Brown & Thompson and G. William Bissett, Miami, for appellee Marrero and Martinez Corp. d/b/a Rastro-74.

Stewart Tilghman Fox & Bianchi and Larry S. Stewart, Miller, Selig & Kelley, Hicks, Anderson and Blum, Miami, for appellee Joseph Herman.

Before NESBITT, FERGUSON and GODERICH, JJ.

FERGUSON, Judge.

Continental Insurance Company and Underwriters Adjusting Company (Continental) appeal an adverse judgment entered on a jury verdict awarding damages for negligent destruction of evidence relevant to a prospective civil litigation. A primary contention on appeal is that the Hermans could not state a cause of action in tort for negligent destruction of evidence because the Herman's underlying personal injury action was resolved in an arbitration proceeding...

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