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COMMERCIAL UNION INS. CO. v. R.H. BARTO CO.

No. 81-1512.

440 So.2d 383 (1983)

COMMERCIAL UNION INSURANCE COMPANY, Appellant, v. The R.H. BARTO COMPANY, A DIVISION OF ATLAS AIR CONDITIONING CORPORATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 21, 1983.

Attorney(s) appearing for the Case

Richard A. Sherman of Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy, Miami, for appellant.

Edna L. Caruso, P.A., and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for appellee.

DOWNEY, Judge.

Appellant, Commercial Union Insurance Company, has perfected this appeal from a judgment of the trial court finding Commercial Union liable to appellee, The R.H. Barto Company, for breach of an insurance contract in refusing to defend its insured Barto.

The factual background reflects that Barto entered into a subcontract with an owner, Ecclestone, to install the air conditioning equipment in towers A and B of the Forum III office complex in...

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