29 Fla. L. Weekly D544b
Insurance — Bad faith — Trial court did not err in denying insurer’s motions for directed verdict and new trial where there were disputed issues of fact as to whether insurer acted in good faith toward its insured
AMICA MUTUAL INSURANCE COMPANY, Appellant, v. ANDREA B. WEINER, as Personal Representative of the ESTATE OF RICHARD J. WEINER, Appellee. 4th District. Case No. 4D02-4876. Opinion filed March 3, 2004. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John A. Miller, Judge; L.T. Case No. 00-10167 07. Counsel: Brett C. Powell and Mark Hicks of Hicks & Kneale, P.A., Miami, for appellant. Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A. and Richard E. Berman of Berman, Kean & Riguera, P.A., Fort Lauderdale, for appellee.
(PER CURIAM.) Amica Mutual Insurance Company (Amica) appeals from a Final Judgment entered after a jury verdict in favor of Andrea B. Weiner, as Personal Representative of the Estate of Richard J. Weiner (Weiner), in her claim for bad faith against Amica. Amica appeals the denial of its motion for directed verdict and its motion for new trial. We affirm.
Upon our review of the record on appeal, we find that there were disputed issues of fact as to whether or not Amica acted in good faith towards its insured, Weiner, and, therefore, the question of the failure to act in good faith with due regard for the interest of the insured was for the jury to decide. See Boston Old Colony Ins. Co. v. Gutierrez, 386 So. 2d 783 (Fla. 1980) (citing Campbell v. Gov’t Employees Ins. Co., 306 So. 2d 525 (Fla. 1974).
AFFIRMED. (STONE, GROSS and HAZOURI, JJ., concur.)
