Government Employees Ins. Co. v. Grounds, 47382
Decision Date | 07 April 1976 |
Docket Number | No. 47382,47382 |
Parties | GOVERNMENT EMPLOYEES INSURANCE COMPANY, a corporation, Petitioner, v. A. C. GROUNDS, Respondent. |
Court | Florida Supreme Court |
Benjamin W. Redding, Barron, Redding, Boggs & Hughes, Panama City, and Gurney, Gurney & Handley, Orlando, for petitioner.
Lefferts L. Mabie, Jr., Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for respondent.
We have granted certiorari in this cause on the basis of conflict for the limited purpose of expunging certain language contained in the First District Court of Appeal decision which directly conflicts with this Court's decision in Nationwide Mutual Ins. Co. v. McNulty, 229 So.2d 585 (Fla. 1969).
The conflicting language in the instant decision relates to the nature of an excess action against an insurance company for bad faith failure to settle and is as follows:
Since an excess judgment action, though bearing certain aspects of a suit upon a contract is, strictly speaking, not one, . . .'
This Court in McNulty, supra, quoted with approval the following excerpt from the Third District Court of Appeal in the same case reported at 221 So.2d 208 (3d D.C.A.Fla.1969):
Finding that this is an action ex contractu rather than tort will not alter the decision of the District Court insofar as it determines that Florida law should apply as opposed to Mississippi law, which does not...
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