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WILLIAMS v. INFINITY INS. CO.

No. 98-2740.

745 So.2d 573 (1999)

Beatrice WILLIAMS and Winton Williams, a minor, by and through his mother and legal guardian, Beatrice Williams, Appellants, v. INFINITY INSURANCE COMPANY f/k/a Dixie Insurance Company, Allstate Insurance Company and Progressive Specialty Insurance Company, Appellees.

District Court of Appeal of Florida, Fifth District.

December 10, 1999.

Attorney(s) appearing for the Case

Scott A. DiSalvo and David B. Pakula of Fazio, Dawson, DiSalvo, Cannon Abers, Podrecca & Fazio, Fort Lauderdale, for Appellants.

Elizabeth C. Wheeler of Wheeler & Wilkinson, LLP, Orlando, and John W. Bussey, III of John W. Bussey, III and Associates, P.A., Orlando, for Appellee Infinity Insurance Company.

Esther E. Galicia of George, Hartz, Lundeen, Flagg & Fulmer, Fort Lauderdale, and R. Davidde Armas of George, Hartz, Lundeen, Flagg & Fulmer, Winter Park, for Appellee Allstate Insurance Company.

Tracy Raffles Gunn of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, for Appellee Progressive Specialty Insurance Company.

COBB, J.

This is an appeal from the final dismissal of an action alleging that the appellees, Infinity Insurance Company, Allstate Insurance Company and Progressive Specialty Insurance Company, acted in bad faith in refusing to unilaterally settle a wrongful death claim with two of the decedent's statutory survivors, the appellants herein, to the exclusion of three other minor children with respect to the available insurance funds.

The facts show that Willie...

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