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GOHEAGAN v. AMERICAN VEHICLE INS. CO.

No. 4D10-3781.

107 So.3d 433 (2012)

Live 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.

Rehearing Denied March 15, 2013.

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.

Julie H. Littky-Rubin of Clerk, Fountain, La Vista, Prather, Keen & Littky-Rubin, LLP, West Palm Beach, for Amicus Curiae Florida Justice Association.

Dale M. Swope , Shea T. Moxon , and Robin A. Horton of Swope Rodante, P.A., Tampa, for Amicus Curiae Taxpayers Against Insurance Bad Faith, Inc.

George N. Meros, Jr. and Andy Bardos of GrayRobinson, P.A., Tallahassee, for Amicus Curiae Florida Justice Reform Institute.

ON MOTION FOR REHEARING

HAZOURI, J.

We grant Goheagan's motion for rehearing, withdraw our original opinion, and substitute the following in its place.

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...

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