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ROBERTS v. CARTER

No. 48016.

350 So.2d 78 (1977)

Claude Lowell ROBERTS and State Farm Fire and Casualty Company, Petitioners, v. Glenn C. CARTER and Martha D. Carter, His Wife, Respondents.

Supreme Court of Florida.

September 15, 1977.

Attorney(s) appearing for the Case

Janis M. Halker of Gurney, Gurney & Handley, Orlando, for petitioners.

Charles A. Tabscott of Troutman & Parrish, Winter Park, for respondents.

ENGLAND, Justice.

Claude Roberts and the carrier of his homeowners' insurance policy, State Farm Fire and Casualty Co., have asked us to review the rejection of their defense of assumption of risk in a personal injury lawsuit, and an award of attorney's fees against State Farm for its denial of coverage. We granted certiorari to resolve decisional conflicts among Florida appellate decisions on these points.1 The first point was recently...

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