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CENTENNIAL INS., INC. v. TOM GUSTAFSON INDUSTRIES

No. 79-1309.

401 So.2d 1143 (1981)

CENTENNIAL INSURANCE COMPANY, Appellant, v. TOM GUSTAFSON INDUSTRIES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 26, 1981.

Attorney(s) appearing for the Case

Larry Klein, West Palm Beach, and Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellant.

Joel L. Kirschbaum of Esler, Kirschbaum & Pomeroy, and Thomas F. Gustafson of Kahn & Gustafson, Fort Lauderdale, for appellee.

HURLEY, Judge.

Centennial Insurance Company appeals from a summary judgment finding coverage under an insurance policy issued by Centennial to Tom Gustafson Industries, Inc. The trial court found that Centennial had either waived its coverage defenses or was estopped from asserting them because of prejudice to the insured. Our review of the record leads us to conclude that (1) waiver of the coverage defenses was not established, and (2) the existence of prejudice...

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