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MILLER v. ALLSTATE INS. CO.

No. 88-2806.

573 So.2d 24 (1990)

Marcia MILLER, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

December 18, 1990.

Attorney(s) appearing for the Case

Arthur M. Garel and Jeffrey A. Jacobs, Miami, for appellant.

Barnett, Clark and Barnard and Richard M. Nelson and James K. Clark, Miami, for appellee.

Before HUBBART, FERGUSON and GERSTEN, JJ.

ON MOTION FOR REHEARING

FERGUSON, Judge.

Marcia Miller commenced this contract action against Allstate Insurance Company alleging a breach of promise to return a wrecked automobile which she needed as evidence in a planned products liability action against the manufacturer. Agreeing with Allstate that its promise to preserve the evidence did not create a legally enforceable obligation, or that the agreement was unenforceable because damages were not reasonably...

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