National Security Fire And Casualty Co. v. King
708 SO.2D 1016, 1998.FL.1272
Florida Court of Appeals
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We affirm the final Judgement in favor of Leon King against his automobile liability insurance carrier in a bad faith suit. The issue of whether there was an enforceable settlement in 1988 was properly raised in the pleadings; its existence was a question of fact correctly submitted to the jury. There was no error in the courts refusal to give the special jury instructions proposed by appellant, since they recited principles of law in the abstract, without relating them to the facts of the case. As worded, the proposed instructions would not have assisted the jury in reaching a verdict. See Sirmons v. Pittman, 138 So. 2d 765, 770 (Fla. 1st DCA 1962). The remarks of Kings counsel during closing were either not preserved or not error; for example, the extended metaphor of King as a beached starfish did not preclude the jurys rational consideration of the case. There was no abuse of discretion in the trial courts handling of the motions for continuance. Finally, we find no error in the courts evidentiary rulings.