Opinion
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.
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.
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.