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FLORIDA PHYSICIANS INS. v. SPOONER

No. 85-210.

470 So.2d 793 (1985)

FLORIDA PHYSICIANS INSURANCE RECIPROCAL, Appellant, v. Deletha SPOONER, Hooshang Kadivar, M.D., and Hooshang Kadivar, M.D., P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

June 12, 1985.

Attorney(s) appearing for the Case

John Beranek of Klein & Beranek, P.A., West Palm Beach, and Moss, Henderson & Lloyd, P.A., Vero Beach, for appellant.

Daniel B. Harrell of Gonano & Harrell, Fort Pierce and R.M. Bernhardt of R.M. Bernhardt, P.C., Atlanta, for appellee-Hooshang Kadivar.

LETTS, Judge.

The only issue meriting discussion is the trial court's order compelling the insurance company to defend. Such an order is erroneous since it is inappropriate to compel specific performance of an executory contract where the insured has an adequate remedy at law. See Biscayne Associates, Inc. v. Carson, 104 So.2d 871 (Fla. 3d DCA 1958). Accordingly, we reverse and remand this action to the trial court to vacate...

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