LIBERTY MUTUAL FIRE INSURANCE COMPANY v. WINFREE

No. 71-85.

252 So.2d 388 (1971)

LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Massachusetts Corporation, Appellant, v. Helen A. WINFREE and Lester Elmo Winfree, Her Husband, Appellees.

District Court of Appeal of Florida, Second District.

September 22, 1971.


Attorney(s) appearing for the Case

Charles Carrere, of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for appellant.

Richard McCrory, of the Law Offices of H. Rex Owen, St. Petersburg, for appellees.


PER CURIAM.

Appellant appeals an order of the trial court denying its demand to arbitrate under its uninsured motorist policy with the appellees.

The trial court found that appellant had waived its right to arbitration by its failure to take some action relative to appellees' claim within a reasonable time and also through its failure to demand arbitration prior to the filing of its answer.

The facts show that on July 21, 1970 appellees notified appellant...

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