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McKAY v. STATE FARM FIRE AND CAS. CO.

No. 98-0549.

731 So.2d 852 (1999)

Shelley McKAY as Assignee of the Right and Title and Interest of Acacia Gardens, Inc., a Florida corporation, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, a foreign corporation authorized to do business in Florida, and James Bowman, Jointly and severally, Appellees.

District Court of Appeal of Florida, Fourth District.

May 12, 1999.

Attorney(s) appearing for the Case

Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and John A. Shipley of Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, for appellant.

Kimberly L. Boldt of Russo Appellate Firm, P.A., Miami, and Butler, Burnette & Pappas, Tampa, for appellees.

TAYLOR, J.

In this appeal from an order dismissing a complaint with prejudice, the issue is whether the plaintiffs claim against State Farm and its agent for negligent failure to provide necessary insurance coverage was a compulsory counterclaim in State Farm's declaratory judgment action to determine whether coverage existed. We find that it was not and that the trial court erred in dismissing the negligence complaint against State Farm and its agent. Below we discuss...

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