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SARKO v. FIREMAN'S INSURANCE CO. OF NEWARK, NEW JERSEY

No. 90-0402.

573 So.2d 1076 (1991)

Marie SARKO, Appellant/Cross-Appellee, v. FIREMAN'S INSURANCE CO. OF NEWARK, NEW JERSEY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

February 13, 1991.

Attorney(s) appearing for the Case

Louis K. Rosenbloum and Robert J. Mayes of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for appellant/cross-appellee.

Cynthia A. Rudy of McManus, Wiitala & Contole, P.A., North Palm Beach, for appellee/cross-appellant.

PER CURIAM.

We reverse the summary judgment entered in favor of the defendant on the plaintiff's common law claim of bad faith in settling an insurance policy. We do this because there are genuine issues of material fact which preclude entry of judgment as a matter of law. See Hartford Accident & Indem. Co. v. Mathis, 511 So.2d 601, 602 (Fla. 4th DCA 1987) (sufficient evidence from which the jury could have found a breach...

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