ARMSTRONG v. ALLSTATE INDEM. CO.

No. 94-1465.

653 So.2d 1121 (1995)

Steven Daniel ARMSTRONG and Susan Armstrong, his wife, Appellants, v. ALLSTATE INDEMNITY COMPANY, Appellee.

District Court of Appeal of Florida, First District.

April 21, 1995.


Attorney(s) appearing for the Case

Paul Richard Parker of The Law Offices of Clark Fletcher, Panama City, Atty., for appellant.

John N. Boggs, Panama City, for appellee.


PER CURIAM.

This cause is before us on appeal from an order of final summary judgment in favor of appellee Allstate Indemnity Company ("Allstate"). We reverse and remand for further proceedings.

Under Florida law, where an insured settles with a third-party tortfeasor in violation of a nonsettlement provision, the insurer is presumed to have been prejudiced. Watherwax v. Allstate Ins. Co., 538 So.2d 108, 109 (Fla...

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