GOHEAGAN v. AMERICAN VEHICLE INS. CO.

No. 4D10-3781.

126 So.3d 1136 (2012)

Olive GOHEAGAN, as personal representative of the estate of Molly Swaby, individually and as assignee of John Perkins, Appellant, v. AMERICAN VEHICLE INSURANCE COMPANY, a Florida for profit corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

June 13, 2012.


Attorney(s) appearing for the Case

Bard D. Rockenbach and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, and Michael S. Smith of Lesser, Lesser, Landy & Smith, PLLC, West Palm Beach, for appellant.

Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for appellee.

Harold R. Mardenborough, Jr. , of Carr Allison, Tallahassee, for Amicus Curiae Florida Defense Lawyers Association.


LEVINE, J.

Olive Goheagan, as personal representative of the estate of Molly Swaby, individually and as assignee of John Perkins, appeals a final summary judgment entered in favor of American Vehicle Insurance Company ("AVIC") on Goheagan's claim of bad faith in failing to protect its insured, Perkins, from an excess judgment. We find, as a matter of law, that the insurer AVIC did not act in bad faith. We therefore affirm.

On February 24, 2007, Perkins rear...

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