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NORTH AMER. VAN LINES v. LEXINGTON INS.

No. 94-1635.

678 So.2d 1325 (1996)

NORTH AMERICAN VAN LINES, INC., Appellant, v. LEXINGTON INSURANCE COMPANY, a Foreign Corporation, National Union Fire Insurance Company Of Pittsburgh, Pennsylvania, a Foreign Corporation, American International Group, Inc., a Foreign Corporation, and Effort Enterprises of Florida, Inc., d/b/a Atlantic North American, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing, and Certification Denied October 1, 1996.

Attorney(s) appearing for the Case

George H. Moss of Moss, Henderson, Van Gaasbeck, Blanton & Koval, P.A., Vero Beach, Fred Hazouri of Babbitt, Hazouri & Johnson, P.A., West Palm Beach, Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, and John G. Buchanan, III, of Covington & Burling, Washington, D.C., for appellant.

Michael B. Davis of Paxton, Crow, Bragg, Smith & Keyser, P.A., West Palm Beach, for Appellee—Lexington Insurance Company.

Joseph H. Lowe of Marlow, Connell, Valerious, Abrams, Lowe & Adler, Miami, for Appellee—National Union Fire Insurance Company of Pittsburgh, Pennsylvania.

Louise H. McMurray and Robert M. Klein of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for Appellee—American International Group, Inc.

Rehearing, Rehearing En Banc, and Certification Denied October 1, 1996.

WARNER, Judge.

North American Van Lines (NAVL) appeals from a final order dismissing its complaint against its insurance carriers with prejudice. The trial court found that all of the claims for breach of contract, bad faith, intentional interference, and conspiracy were barred. The court held that an excess judgment in a third party action was necessary to pursue a bad faith action against...

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