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GUTIERREZ v. YOCHIM

Nos. 2D08-4513, 2D08-5499.

23 So.3d 1221 (2009)

Maria D. GUTIERREZ, Appellant, v. Gerald M. YOCHIM, Patricia Yochim, and Dairyland Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 12, 2010.

Attorney(s) appearing for the Case

Raymond T. Elligett, Jr., and Amy S. Farrior of Buell & Elligett, P.A., Tampa, and Richard W. Slawson and Michael T. Dolce of Slawson, Cunningham, Whalen & Gaspari, P.L., Palm Beach Gardens, for Appellant.

Wallace A. Christensen of Troutman Sanders, LLP, Washington, D.C., John J. Blue, Sylvia H. Walbolt, and Laura K. Whitmore of Carlton Fields, P.A., Tampa, and Julie K. Linhart of Phelps Dunbar, LLP, Tampa, for Appellee Dairyland.

No appearance for Appellees Gerald M. Yochim and Patricia Yochim.

KHOUZAM, Judge.

Maria D. Gutierrez appeals the final summary judgment entered in favor of Dairyland Insurance Company. The ultimate issue in this case concerns whether Dairyland acted in bad faith in failing to settle a claim against its insured, Ms. Gutierrez. Because there are genuine issues of material fact for determination by the fact-finder concerning whether Dairyland's actions were reasonably diligent and exercised with reasonable care, we reverse.

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