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FLORIDA MED. MALPRACTICE v. INDEM. INS.

No. 93-0009.

652 So.2d 1148 (1995)

FLORIDA MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION and St. Paul Fire & Marine Insurance Company, Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 20, 1995.

Attorney(s) appearing for the Case

Bruce Culpepper, Scott H. Michaud, and James T. Ferrera of Michaud, Buschmann, Fox, Ferrera & Mittelmark, P.A., Boca Raton, and Darren A. Schwartz, Tallahassee, for appellants.

Linda Wells, Daniel S. Pearson, and Lucinda A. Hofmann of Holland & Knight, Miami, for appellee.

FARMER, Judge.

We review a judgment upon a jury verdict in which an excess insurance carrier recovered bad faith damages from the primary carrier equal to the amount of the settlement exceeding the primary coverage. Although a number of issues have been raised on this appeal by the primary carrier, we discuss only one, immunity from suit, the others having no merit. We affirm.

Juan Figueredo sued the Miami Children's Hospital [MCH] in medical malpractice for...

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