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DADELAND DEPOT v. ST. PAUL FIRE AND MARINE INS.

No. 03-13540.

383 F.3d 1273 (2004)

DADELAND DEPOT, INC., Dadeland Station Associates, Ltd., Plaintiffs-Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE CO., American Home Assurance Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 13, 2004.

Attorney(s) appearing for the Case

Philip M. Burlington, Phillip M. Burlington, P.A., Jeffrey M. Liggio, Liggio, Benrubi & Williams, PA, West Palm Beach, FL, for Plaintiffs-Appellants.

Veronica Danko Vellines, Donald L. Craig, Butler Pappas, Weihmuller Katz Craig, LLP, Tampa, FL, for Defendants-Appellees.

Before BIRCH and WILSON, Circuit Judges, and DOWD, District Judge.

BIRCH, Circuit Judge:

Plaintiff-appellant, Dadeland Station Associates ("Dadeland") appeals the dismissal of their claim against defendants-appellees, St. Paul Fire and Marine Insurance Co. and American Home Assurance Co. (collectively, "Sureties") for bad faith in refusing to settle claims involving the performance bond they issued on the contractor of one of Dadeland's business developments. The district court dismissed Dadeland's claim for two primary reasons:...

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