Opinion
No. 88-0050.
June 15, 1988.
Appeal of a non-final order from the Circuit Court for Palm Beach County; R. William Rutter, Jr., Judge.
John S. Trimper of Jones Foster, P.A., West Palm Beach, for appellant.
Babbitt Hazouri, P.A., and Larry Klein of Klein Beranek, P.A., West Palm Beach, for appellee.
AFFIRMED.
WALDEN and GUNTHER, JJ., concur.
GLICKSTEIN, J., concurs specially with opinion.
We have affirmed the trial court's denial of the insurer's motion to dismiss. The trial court determined Florida had personal jurisdiction over the Canadian insurer.
The basis for the jurisdiction is section 48.193(1)(g), Florida Statutes (1987). The insurer was defending its Canadian insured in Florida because of an accident which occurred here. The allegation of the plaintiff insured is that its insurer acted in bad faith by refusing to settle within the policy limits, resulting in an excess judgment against the insured.