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OTERO v. MIDLAND LIFE INS. CO.

Nos. 99-876, 98-3421.

753 So.2d 579 (1999)

Enrique OTERO and Hilda Otero, Appellants/Cross-Appellees, v. The MIDLAND LIFE INSURANCE COMPANY f/d/b/a The Midland Mutual Life Insurance Company, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 19, 2000.

Attorney(s) appearing for the Case

Adorno & Zeder and Raoul G. Cantero, III, Coconut Grove, and Jonathan D. Colan, Miami, for appellee/cross-appellant.

Robles & Gonzalez and Deborah J. Gander, Miami, for appellants/cross-appellees.

Before GERSTEN, GODERICH, and FLETCHER, JJ.

Rehearing En Banc Denied April 19, 2000.

FLETCHER, Judge.

In this action brought under sections 624.155(1)(a)1 and 626.9541(1)(x)1, Florida Statutes (1997), for bad faith refusal to insure, Enrique Otero and Hilda Otero [Oteros] appeal the trial court's amended final judgment which vacated the jury's award and ordered a new trial on the issue of damages for mental distress. Midland Life Insurance Company [Midland] cross-appeals the denial of its motions for...

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