DIXIE INS. CO. v. GAFFNEY

No. 90-1960.

582 So.2d 64 (1991)

DIXIE INSURANCE COMPANY, Appellant, v. Evelyn O. GAFFNEY, Individually, and As Next Friend of Perry Gaffney and Keith R. Green, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 22, 1991.


Attorney(s) appearing for the Case

Janet DeLaura Harrison of Smalbein, Johnson, Rosier, Bussey, Rooney & Ebbets, P.A., Rockledge, John W. Bussey, III, Orlando, for appellant.

Lefferts L. Mabie, III, Lefferts L. Mabie, Jr. and Mark J. Proctor of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, Michael D. Hook, Pensacola, for appellees.


NIMMONS, Judge.

Appellant, Dixie Insurance Company, appeals from a final order dismissing its declaratory judgment action wherein Dixie sought a declaratory judgment declaring that it was not guilty of bad faith with respect to the claim of negligence (auto accident) against appellee Green, Dixie's insured.

Prior to the filing of Gaffney's negligence suit against Green, Dixie was notified of the accident, a file was opened and the case was assigned to an adjuster...

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