BROOKINS v. GOODSON

No. 93-0717.

640 So.2d 110 (1994)

Daniel C. BROOKINS, as Personal Representative of the Estate of Connie Marie Brookins, deceased, Appellant, v. Homer GOODSON, as Personal Representative of the Estate of Michael Joseph Goodson, deceased, and State Farm Mutual Automobile Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

July 20, 1994.


Attorney(s) appearing for the Case

Michael J. Doddo of Michael J. Doddo, P.A., Fort Lauderdale, for appellant.

James K. Clark of Clark, Sparkman, Robb & Nelson, Miami, for appellee-State Farm.


PARIENTE, Judge.

The trial court dismissed appellant's (insured's) first party bad faith action for lack of subject matter jurisdiction because the underlying litigation of the underinsured motorist claim was settled without a trial. Because we hold that the resolution of the underlying underinsured motorist claim by payment of the policy limits does not preclude the insured from pursuing a first party bad faith claim against his insurer, we reverse the dismissal...

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