(Download) "Edith Higgs v. Industrial Fire & Casualty Insurance Company" by Third District Court of Appeal of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Edith Higgs v. Industrial Fire & Casualty Insurance Company
- Author : Third District Court of Appeal of Florida
- Release Date : January 30, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Per Curiam This is an appeal by Edith Higgs from an adverse final judgment entered pursuant to a jury verdict in favor of Industrial Fire & Casualty Insurance Company in an automobile liability insurance case. Industrial cross-appeals the trial court's failure to direct a verdict in its favor. Because the trial court erred in not permitting the jury to pass on the validity of Higgs' claim of insurer's bad faith on the part of Industrial, we reverse the judgment under review. The decedent, Barbara Higgs, was fatally injured by an automobile driven by Sidney Jones who was insured by Industrial. The parties agreed to a settlement for Jones' policy limit of $10,000. Despite the agreement and Higgs' request for payment, Industrial delayed forwarding payment. As a result, Higgs instituted a wrongful death action against Jones and Industrial. The jury returned a verdict in favor of HIggs for $187,820, and the trial court entered judgment against Jones and Industrial for this amount. Jones subsequently assigned to Higgs any potential action he might bring against industrial. Higgs then filed the action for bad faith which forms the basis of this appeal.