Amica Mutual Insurance Co. v. Weiner

District Court of Appeal of Florida

Amica Mutual Insurance Co. v. Weiner

869 So. 2d 776, 2004 Fla. App. LEXIS 2718, 2004 WL 384995

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 2004

DocketNo. 4D02-4876

StatusPublished

Cited by1 cases

This text of 869 So. 2d 776 (Amica Mutual Insurance Co. v. Weiner) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amica Mutual Insurance Co. v. Weiner, 869 So. 2d 776, 2004 Fla. App. LEXIS 2718, 2004 WL 384995 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

Arnica Mutual Insurance Company (Arnica) appeals from a Final Judgment entered after a jury verdict in favor of Andrea B. Weiner, as Personal Representative of the Estate of Richard J. Weiner (Weiner), in her claim for bad faith against Arnica. Arnica appeals the denial of its motion for directed verdict and its motion for new trial. We affirm.

Upon our review of the record on appeal, we find that there were disputed issues of fact as to whether or not Arnica acted in good faith towards its insured, Weiner, and, therefore, the question of the failure to act in good faith with due regard for the interest of the insured was for the jury to decide. See Boston Old Colony Ins. Co. v. Gutierrez, 386 So.2d 783 (Fla.1980) (citing Campbell v. Gov’t Employees Ins. Co., 306 So.2d 525 (Fla.1974)).

AFFIRMED.

STONE, GROSS and HAZOURI, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI