The issue in this third-party bad faith lawsuit was the propriety of the following jury instruction, given by the trial court:

In your determination of whether GEICO General Insurance Company acted in bad faith in the handling of the Giovo claim against Jack McDonald, Penny McDonald, and Brandi McDonald, any question about the possible outcome

On September 29, 2008 the Florida Supreme Court issued its opinion in Wachovia Insurance Services, Inc. v. Toomey. The supreme court answered certified questions from the United States Court of Appeals for the 11th Circuit regarding insurance claims, releases, settlements, assignments, and whether a claim for negligence could be brought concurrently with a claim for