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WESTCHESTER FIRE INS. v. MID-CONTINENT CAS.

Case No. 12-21758-CIV.

954 F.Supp.2d 1374 (2013)

WESTCHESTER FIRE INSURANCE CO., Plaintiff, v. MID-CONTINENT CASUALTY CO., Defendant.

United States District Court, S.D. Florida, Miami Division.

June 21, 2013.

Attorney(s) appearing for the Case

Douglas Malcolm Mcintosh, Michael Francis Barzyk, Mcintosh Sawran & Cartaya, P.A., Fort Lauderdale, FL, for Plaintiff.

John R. Catizone, Melanie Bernstein Chapman, Morris D. Pataky, Litchfield Cavo LLP, Fort Lauderdale, FL, for Defendant.

COURT FINDINGS AND CONCLUSIONS

FEDERICO A. MORENO, District Judge.

This is a suit by an excess insurance carrier against the primary insurer for common law bad faith and Florida statutory bad faith. Plaintiff Westchester Fire Insurance Company's two-count complaint alleges that Defendant Mid-Continent Casualty Company acted in bad faith in failing to settle the underlying action. After conducting a bench trial, the Court pursuant to Federal Rule of...

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