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BANKERS & SHIPPERS INS. v. AIA INSULATION

Nos. 78-841, 78-1024 and 78-1025.

390 So.2d 734 (1980)

BANKERS & SHIPPERS INSURANCE COMPANY OF NEW YORK, Appellant, v. AIA INSULATION INDUSTRIES, INC., Inland Construction Co. of Fla., Inc., Hamilton Electric, Inc., Family Finance Realty Corp., S.I. Goldman Mechanical Contractor, Inc., Grinnell Fire Protection Systems Co., Inc., Meekins-Bamman Prestress, Inc., Aristar Realty, Inc., Etc., et al., Appellees. ARISTAR REALTY, INC., Appellant, v. AIA INSULATION INDUSTRIES, INC., Inland Construction Co. of Fla., Inc., Hamilton Electric, Inc., Family Finance Realty Corp., S.I. Goldman Mechanical Contractor, Inc., Grinnell Fire Protection Systems Co., Inc., and Meekins-Bamman Prestress, Inc., a Florida Corporation, Appellees. SAFECO INSURANCE COMPANY OF AMERICA, Appellant, v. AIA INSULATION INDUSTRIES, INC., Inland Construction Co. of Fla., Inc., Hamilton Electric, Inc., Family Finance Realty Corp., S.I. Goldman Mechanical Contractor, Inc., Grinnell Fire Protection Systems Co., Inc., Meekins-Bamman Prestress, Inc., and Aristar Realty, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied; Opinion Modified and Clarified December 17, 1980.

Attorney(s) appearing for the Case

Dan B. Guernsey of Welbaum, Zook, Jones & Williams, Miami, for appellant-Bankers & Shippers.

Don R. Livingstone, South Miami, for appellants-Aristar Realty and Safeco Insurance Co.

Jonathan D. Commander, Palm Beach, and Michael J. Fingar, North Miami Beach, for appellee-AIA Insulation Industries, Inc.

James Nemec, West Palm Beach, for appellee-Hamilton Electric.

Ralph R. Quillian, Hollywood, for appellee-Meekins-Bamman Prestress, Inc.

DOWNEY, Judge.

These consolidated cases involve plenary appeals from a final judgment dated March 15, 1978, determining the main issues between the parties and a supplemental final judgment dated May 8, 1978, determining ancillary issues involving interest, costs and attorneys' fees.

For purposes of this opinion the pertinent facts are that Aristar Realty Inc. (hereafter referred to as Aristar), as owner, entered into a contract with Inland Construction Company...

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