HARTFORD INS. v. MAINSTREAM CONST. GROUP, INC.

No. 5D03-2678.

864 So.2d 1270 (2004)

HARTFORD INSURANCE COMPANY, etc., Petitioner, v. MAINSTREAM CONSTRUCTION GROUP, INC., Respondent.

District Court of Appeal of Florida, Fifth District.

February 6, 2004.


Attorney(s) appearing for the Case

Anthony J. Russo, Lisa A. Oonk and Andrew L. Patten of Butler Pappas Weihmuller Katz Craig, LLP, Tampa, for Petitioner.

Joel W. Walters of Walters Levine Brown Klingensmith & Thomison, P.A., Sarasota, for Respondent.


MONACO, J.

This petition for certiorari considers the issue of when claims for bad faith and unfair claim settlement practices may be raised by an insured who seeks to sue his own insurance carrier. We conclude that these claims may only be brought after coverage and contractual issues between the insured and the insurer are resolved, and therefore grant the petition.

The respondent, Mainstream Construction Group, Inc. ("Mainstream"), entered into a contract...

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