Putnam v. Government Employees Insurance Co.

OPINION ON REHEARING

ANSTEAD, Judge.

By petition for rehearing the appellee has correctly pointed out that the appellant failed to properly raise in the trial court the issue of lack of prejudice as required by our prior decision in McInnis v. State Farm Mutual Automobile Insurance Co., 208 So.2d 481 (Fla. 4th DCA 1968). In our *260previous opinion we held that there was an issue of fact as to whether the appellee was prejudiced by the appellant’s admitted violation of a policy provision requiring the insurance company’s consent to a settlement with the tortfeasors responsible for appellant’s…