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UNITED PROPERTY AND CAS. INS. v. CHERNICK

No. 4D12-582.

94 So.3d 646 (2012)

UNITED PROPERTY AND CASUALTY INSURANCE COMPANY, Petitioner, v. Marcia CHERNICK, as Sole Beneficiary and Trustee of the Murray Chernick Trust, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 16, 2012.

Attorney(s) appearing for the Case

Ali A. Kadir of Groelle & Salmon, P.A., Wellington, for petitioner.

Michael J. Higer , Valorie S. Chavin , Esther S. Meisels and Christopher J. Maranges of Higer Lichter & Givner, LLP, Aventura, for respondent.

PER CURIAM.

In this certiorari proceeding, United Property and Casualty Insurance Company (United) seeks review of a non-final order which denied its motion to dismiss count II of the insured plaintiff's amended complaint, a claim for breach of a common law implied covenant of good faith and fair dealing. We grant the petition.

United argued (1) count II failed to state a cause of action because there is no

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