BARRY v. GEICO GENERAL INSURANCE COMPANY

No. 4D05-2060.

938 So.2d 613 (2006)

THOMAS J. BARRY, Appellant, v. GEICO GENERAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

October 4, 2006.


Attorney(s) appearing for the Case

Julie H. Littky-Rubin of Lytal, Reiter, Clark, Fountain & Williams, LLP, West Palm Beach and Edward M. Ricci and John B. Patterson of Ricci-Leopold, Palm Beach Gardens, for appellant.

Angela C. Flowers of Kubicki Draper, Orlando, for appellee.


WARNER, J.

In a bad faith action against an insurance company for failure to settle, an insured appeals the final judgment in favor of the insurance company claiming that the court erred in failing to grant a new trial based upon newly discovered evidence when, after trial, the insurance company expert acknowledged errors in his testimony. The insured also complains that the court should have granted a new trial based upon cumulative errors. We conclude that on both...

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