ST. PAUL FIRE AND MARINE INS. CO. v. SHURE

No. 92-2446.

647 So.2d 877 (1994)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, as subrogee of Michael B. Schoenwald, M.D.; Urology Associates; Drs. Meyers, Strauch & Schoenwald, P.A.,; Michael B. Schoenwald, M.D.; Urology Associates and Drs. Meyers, Strauch & Schoenwald, P.A., Individually, Appellants, v. William J. SHURE, M.D. and South Broward Hospital District Physicians Professional Liability Insurance Trust, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 24, 1995.


Attorney(s) appearing for the Case

Scott H. Michaud and Paul Buschmann of Michaud, Buschmann, Fox, Ferra & Mittelmark, P.A., Boca Raton, for appellants.

Ricki Lewis Tannen of Klein & Tannen, P.A., Hollywood, for appellees.


KLEIN, Judge.

Appellant St. Paul Fire and Marine Insurance Company, as subrogee of Dr. Schoenwald, appeals a directed verdict entered against it after a jury found it was entitled to contribution against a physician who settled with the plaintiff in a medical malpractice action. We affirm because we conclude that St. Paul did not establish that the settlement was not in good faith. We also hold that the issue of good faith here was for the court to decide, not a jury...

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