SHUSTER v. SOUTH BROWARD HOSP. DIST.

No. 77194.

591 So.2d 174 (1992)

Marvin M. SHUSTER, M.D., et al., Petitioners, v. SOUTH BROWARD HOSPITAL DISTRICT PHYSICIANS' PROFESSIONAL LIABILITY INSURANCE TRUST, etc., Respondent.

Supreme Court of Florida.

January 2, 1992.


Attorney(s) appearing for the Case

Charles C. Powers and Maxine A. Braten of Powers and Koons, P.A., Palm Beach Gardens, and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for petitioners.

Jay Cohen of Atkinson, Jenne, Diner, Stone, Cohen & Klausner, P.A., Hollywood, for respondent.

Kimberly A. Ashby of Maguire, Voorhis & Wells, P.A., Orlando, amicus curiae for Florida Defense Lawyers Ass'n.

Joseph M. Taraska and Todd M. Cranshaw of Taraska, Grower, Unger & Ketcham, P.A., Orlando, amicus curiae for Physicians Protective Trust Fund.

Arthur J. Ranson, III of Giles, Hedrick & Robinson, P.A., Orlando, amicus curiae for Isabella K. Sharpe, M.D.

Richard W. Wasserman, Miami Beach, amicus curiae.


McDONALD, Justice.

We review Shuster v. South Broward Hospital District Physicians' Professional Liability Insurance Trust, 570 So.2d 1362, 1369 (Fla. 4th DCA 1990), in which the district court certified the following question as being of great public importance:

MAY AN INSURED MAINTAIN AN ACTION AGAINST HIS INSURER FOR BAD FAITH WHERE THE INSURER HAS SETTLED A CAUSE OF ACTION AGAINST THE INSURED WITHIN THE POLICY...

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