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AMERICAN HOME ASSUR. CO. v. CURTIS

No. 78-982.

367 So.2d 641 (1979)

AMERICAN HOME ASSURANCE COMPANY, Appellant, v. Frank CURTIS and Susan Curtis, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 5, 1979.

Attorney(s) appearing for the Case

Corlett, Merritt, Killian & Sikes and Gerald E. Rosser, Miami, for appellant.

Jay Dermer, Miami Beach and Charles Jon Rose, Miami, for appellees.

Before PEARSON, BARKDULL and HUBBART, JJ.

PEARSON, Judge.

American Home Assurance Company filed a complaint for declaratory judgment against its policyholders, Frank Curtis and Susan Curtis. In the complaint, it was alleged that the company had a present, actual controversy concerning its rights because the defendants had entered into a settlement with the tortfeasors. The complaint set out that Susan Curtis was injured in a North Carolina automobile accident and that the plaintiff insurance company had an...

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