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WESTCHESTER FIRE INS. v. MID-CONTINENT CAS.

Case No. 12-21758-CIV.

954 F.Supp.2d 1374 (2013)

WESTCHESTER FIRE INSURANCE CO., Plaintiff, v. MID-CONTINENT CASUALTY CO., Defendant.

United States District Court, S.D. Florida, Miami Division.

June 21, 2013.

Attorney(s) appearing for the Case

Douglas Malcolm Mcintosh , Michael Francis Barzyk , Mcintosh Sawran & Cartaya, P.A., Fort Lauderdale, FL, for Plaintiff.

John R. Catizone , Melanie Bernstein Chapman , Morris D. Pataky , Litchfield Cavo LLP, Fort Lauderdale, FL, for Defendant.

COURT FINDINGS AND CONCLUSIONS

FEDERICO A. MORENO, District Judge.

This is a suit by an excess insurance carrier against the primary insurer for common law bad faith and Florida statutory bad faith. Plaintiff Westchester Fire Insurance Company's two-count complaint alleges that Defendant Mid-Continent Casualty Company acted in bad faith in failing to settle the underlying action. After conducting a bench trial, the Court pursuant to Federal Rule of...

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