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C.A. FIELLAND INC. v. FIDELITY & CAS. CO. OF NEW YORK

No. 72-806.

297 So.2d 122 (1974)

C.A. FIELLAND, INC., a Florida Corporation, Appellant, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, a New York Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearings Denied June 17, 1974.

Attorney(s) appearing for the Case

John R. Bush of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

W. Donald Cox of Fowler, White, Gillen, Humkey, Kinney & Boggs, Tampa, for appellee.

GRIMES, Judge.

C.A. Fielland, Inc. (Fielland) and Paul Smith Construction Company (Smith) constructed a ten-story office building in the City of Tampa known as the Marine Bank Building for its owner, 315 Madison Corp. (315 Madison). Several years after construction, the brick veneer wall of the building began to fall and collapse. As a result 315 Madison was paid $171,000 by its insurer, the Continental Insurance Company (Continental), under a Special Multi-peril...

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