Florida District Courts of Appeal, 2002

Amerisure Insurance v. Miller, Miller & Mac-Florida, Inc.

Florida District Courts of Appeal · Decided October 18, 2002 · Harris, Only, Orfinger, Pleus

830 So. 2d 878; 2002 Fla. App. LEXIS 15170; 2002 WL 31322626 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Greehan v. State (Fla. Dist. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HARRIS, J.

Although we question whether the count for common law bad faith for failure to defend can survive in this first party action against the insurer, the insurer has not shown irreparable harm and the writ of certiorari is therefore denied. Certainly any appropriate discovery which might be addressed to the common law count would be available in any event under the existing statutory bad faith count. Whether the insured’s settlement of the underlying claim in this case provides the necessary “determination of liability” should await the trial of this matter.

WRIT DENIED.

ORFINGER, R.B., J., concurs. PLEUS, J., concurs in result only.

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