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VIGILANT INS. CO. v. CONTINENTAL CAS. CO.

Nos. 4D08-4037, 4D09-2301.

33 So.3d 734 (2010)

VIGILANT INSURANCE COMPANY, Appellant, v. CONTINENTAL CASUALTY COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 25, 2010.

Attorney(s) appearing for the Case

Mark Hicks, Irene Porter and Michael S. Hirschkowitz of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, for appellant.

Elliot H. Scherker, David L. Ross, Mark A. Salky, Julissa Rodriguez, and Elaine D. Walter of Greenberg Traurig, P.A., Miami, for appellee.

WARNER, J.

Appellant, Vigilant Insurance Company, an excess insurer, appeals an order dismissing its complaint for bad faith against Continental Insurance Company, the primary insurer. The trial court determined that Vigilant, which paid a settlement for the insured, could not recover as a matter of law on a bad faith claim against Continental, the primary insurer, because the injured party had released the insured, and Vigilant did not receive an assignment from...

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