Westchester Fire Insurance v. Mid-Continent Casualty Co.

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 Civil Procedure 52 makes findings of fact and separate conclusions of law as set out in this order. The Court concludes that Westchester’s evidence…