GALANTE v. USAA CAS. INS. CO.

No. 4D03-247.

868 So.2d 1291 (2004)

Rebecca GALANTE and Christopher Galante, Appellants, v. USAA CASUALTY INSURANCE CO.; Catherine M. Chapin; and Allstate Insurance Co., Appellees.

District Court of Appeal of Florida, Fourth District.

April 7, 2004.


Attorney(s) appearing for the Case

Helene Hvizd Morris, West Palm Beach, and John F. Romano of Romano, Eriksen, Cronin & Mullins, P.A., West Palm Beach, for appellants.

Betsy E. Gallagher and Dorothy C. Venable of Cole, Scott, Kissane, P.A., Tampa, and Patrick M. Cusak of the Law Office of James G. Gilmour, Plantation, for appellee USAA Casualty Insurance Company.


FARMER, C.J.

We affirm the final judgment in this negligence action. Our affirmance is without prejudice to the right of the Galantes to recover attorney's fees in any action against their insurer for bad faith in refusing to settle. See McCleod v. Cont'l Ins. Co., 591 So.2d 621, 626 (Fla.1992), superseded by statute as stated in Time Ins. Co. v. Burger, 712 So.2d 389 (Fla.1998)...

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