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XL SPECIALTY INS. CO. v. SKYSTREAM, INC.

Nos. 3D07-3035, 3D07-2535.

988 So.2d 96 (2008)

XL SPECIALTY INSURANCE COMPANY, Petitioner, v. SKYSTREAM, INC., Blackhawk International Airways Corp., Gilbert Chacon, Virgin Records America, Inc., and Omnicom Groups, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 21, 2008.

Attorney(s) appearing for the Case

Murray, Marin & Herman, and David P. Herman, Tampa, and Michael G. Shannon, Coral Gables, for petitioner.

Wicker, Smith, O'Hara, McCoy & Ford, and Shelley H. Leinicke, Ft. Lauderdale; Atkinson & Brownell, and William G. Burd, Miami, for respondents.

Before COPE and SUAREZ, JJ., and SCHWARTZ, Senior Judge.

COPE, J.

In its petition for writ of certiorari, XL Specialty Insurance Company maintains that the trial court prematurely allowed a bad faith claim to be asserted, even though there has not been a determination of damages under the insurance contract. We conclude that the petition is well-taken.

The facts of the case were set forth in an earlier opinion of this court:

XL issued an aircraft accident liability insurance policy for a Cessna aircraft...

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