Florida District Courts of Appeal, 2001

Baker v. Progressive Express Insurance

Baker v. Progressive Express Insurance
Florida District Courts of Appeal · Decided July 5, 2001 · Gersten, Nesbitt, Shevin
788 So. 2d 401; 2001 Fla. App. LEXIS 9163; 2001 WL 746759 (Southern Reporter, Second Series)

Baker v. Progressive Express Insurance

Opinion of the Court

PER CURIAM.

Affirmed. See State Farm Fire & Cas. Co. v. Zebrowski 706 So.2d 275, 277 (Fla. 1997)(third party is authorized to “file a *402bad-faith claim directly against the liability insurer without an assignment by the insured upon obtaining a judgment in excess of the policy limits”); Cunningham, v. Standard Guar. Ins. Co., 630 So.2d 179 (Fla. 1994)(excess judgment unnecessary when insurer and injured third party agreed to try bad-faith action before underlying negligence claim; if no bad faith found claim would be settled for policy limit, and insured would not be exposed to excess judgment).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.