GEICO GENERAL INS. CO. v. PATON

No. 4D12-4606.

150 So.3d 804 (2014)

GEICO GENERAL INSURANCE COMPANY, Appellant, v. Kelly PATON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing En Banc Denied December 12, 2014.


Attorney(s) appearing for the Case

Paul L. Nettleton of Carlton Fields, P.A., Miami, for appellant.

Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, and Richard M. Benrubi of Liggio & Benrubi, P.A., West Palm Beach, for appellee.

Louis K. Rosenbloum of Louis K. Rosenbloum, P.A., Pensacola, for Amicus Curiae, Florida Justice Association.


We affirm the final judgment in this first-party bad faith action brought by an insured against her underinsured motorist carrier and write to address one issue: whether, in the bad faith trial, the plaintiff was required to once again prove her damages, instead of relying on the jury's damage determination in the first trial, which also...

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