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deMARLOR v. FOLEY CARTER INS. CO.

No. 79-1321.

386 So.2d 22 (1980)

Calvin deMARLOR, D/B/a the Upperdeck Restaurant, Appellant, v. FOLEY CARTER INSURANCE COMPANY, a Florida Corporation, J.H. Gardner Gould, and Employers Reinsurance Corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 25, 1980.

Attorney(s) appearing for the Case

Jere M. Fishback of Jenkins, Fischer & Brook, St. Petersburg, for appellant.

Thomas Saieva of Woodworth & Saieva, St. Petersburg, for appellees.

OTT, Judge.

Appellant filed this action for damages allegedly sustained when appellees (1) breached their contractual duty to procure adequate insurance on his restaurant, and (2) breached their fiduciary duty to him by conspiring with others to deprive him of such insurance proceeds as did become available when the restaurant was destroyed by fire. The case came on for trial by jury, but after appellant presented his evidence the court directed a verdict for appellees...

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