(District Court of Appeal of The State of Florida Fourth District, Nov 6, 2024 – Judge Carlos A. Rodriguez) (Appellant, Safeco Insurance Company of Illinois appeals final judgement for Rebecca Heikka, judge concluded in favor of Heikka for Safeco Insurance’s failure to settle, under Carrousel Concessions, Inc. v. Fla. Ins. Guar. Ass’n (2d) 513. 516 (Fla. {3d} DCA 1986) “an insurer’s duty to defend arises solely from the language of the insurance contract;” meaning, Heikka is not intitled to claim insurance policy once limit is reached according to Safeco Insurance Contract, settlement was declared by Safeco Insurance but was proven against them and could not be relitigated, defendant deemed non-compliant with plaintiff in settlement for policy limits and only leaving claim for punitive damages, judge moved by defendant for disqualification for mistrial, successor judge appointed after trial , Heikka awarded attorney’s fees plus costs.)
https://supremecourt.flcourts.gov/content/download/2442977/opinion/Opinion_2022-2969.pdf