Baker v. Progressive Express Insurance

District Court of Appeal of Florida

Baker v. Progressive Express Insurance

788 So. 2d 401, 2001 Fla. App. LEXIS 9163, 2001 WL 746759

District Court of Appeal of Florida·Decided July 5, 2001·No. No. 3D00-3284·Published

Opinion

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 [402] bad-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).

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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 [402] bad-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).

Baker v. Progressive Express Insurance, 788 So. 2d 401, 2001 Fla. App. LEXIS 9163, 2001 WL 746759 (Fla. Ct. App. 2001).

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