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STATE FARM FIRE & CASUALTY COMPANY v. OSKIERKO

No. 75-1110.

334 So.2d 61 (1976)

STATE FARM FIRE and CASUALTY COMPANY, a Corporation Authorized to Do Business in the State of Florida, Appellant, v. Fabian OSKIERKO and Carmen Oskierko, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 9, 1976.

Attorney(s) appearing for the Case

Fleming, O'Bryan & Fleming and Frank E. Maloney, Jr., and Paul R. Regensdorf, Ft. Lauderdale, for appellant.

Underwood, Gillis, Karcher, Reinert & Gordon, Miami, for appellees.

Before BARKDULL, C.J., HENDRY, J., and CHARLES CARROLL (Ret.), Associate Judge.

BARKDULL, Chief Judge.

The defendant, State Farm Fire and Casualty Company, appeals from a $7,636.67 final judgment for the plaintiffs, Fabian and Carmen Oskierko, after the latter received a partial summary judgment as to liability on a homeowners insurance claim.

Fabian and Carmen Oskierko took out a homeowner's policy with State Farm; their new home in Goulds, Florida, was under construction at the time. On August 27, 1974, while Mr. Oskierko was away,...

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