PERERA v. U.S. FIDELITY AND GUAR. CO.

No. 06-10925.

544 F.3d 1271 (2008)

Pamela PERERA, as Personal Representative of the Estate of Mitchell Kenneth Perera deceased, and as assignee of Estes Express Lines Corporation, Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 9, 2008.


Attorney(s) appearing for the Case

Charles P. Schropp, Schropp, Buell & Elligett, P.A., Tampa, FL, for Perera.

Jack R. Reiter, Adorno & Yoss, P.A., Coral Gables, FL, for Defendant-Appellee.

Before ANDERSON and MARCUS, Circuit Judges, and ALTONAGA, District Judge.


ANDERSON, Circuit Judge:

In our previous decision in this case, this panel determined that a potentially controlling issue in the case was whether an insured or its assignee can maintain a bad faith cause of action against an insurer when the insurer's actions never resulted in increased exposure on the part of the insured to excess liability or an excess judgment. Recognizing that issue as one of Florida law, and in light of the lack of clarity in the Florida cases...

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