MENCHISE v. LIBERTY MUT. INS. CO.

No. 2D04-5713.

932 So.2d 1130 (2006)

Douglas N. MENCHISE, Bankruptcy Trustee in the matter of Pearl Ann McClelland, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

June 16, 2006.


Attorney(s) appearing for the Case

Richard Slawson of Slawson Cunningham & Whalen, PL, Palm Beach Gardens, and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, for Appellant.

Steven L. Brannock and Maegen A. Peek of Holland & Knight LLP, Tampa, for Appellee.


NORTHCUTT, Judge.

The circuit court granted summary judgment absolving Liberty Mutual Insurance Company of a bad faith claim brought on behalf of the bankruptcy estate of Liberty Mutual's insured, Pearl Ann McClelland. We reverse because the undisputed facts did not conclusively establish that Liberty Mutual was entitled to judgment as a matter of law.

On June 5, 1996, McClelland was involved in an automobile accident with Ron Shuler. At the time, McClelland...

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