George H. Clement v. Prudential Property & Casualty Insurance Company

HILL, Circuit Judge:

This case presents the question whether, under Florida law, an insured’s claim against his insurer for bad faith failure to settle within the limits of his liability insurance policy survives an agreement which releases the insured from any liability beyond the limits of his policy. We also must decide whether an insured may maintain a breach of contract action against his insurer for damages beyond the limits of his policy for the insurer’s failure to settle a claim within the limits of coverage. The district court decided both questions in the negative. We affirm.

FACTS

App…