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BANKERS INS. CO. v. MACIAS

No. 65740.

475 So.2d 1216 (1985)

BANKERS INSURANCE COMPANY, Petitioner, v. Caridad MACIAS, Respondent.

Supreme Court of Florida.

Rehearing Denied October 21, 1985.

Attorney(s) appearing for the Case

Richard M. Gale, and Weinstein and Bavly, Miami, for petitioner.

Henry H. Harnage, and Stabinski & Funt, Miami, for respondent.

McDONALD, Justice.

We have for review Macias v. Bankers Insurance Co., 452 So.2d 1020 (Fla. 3d DCA 1984), which expressly and directly conflicts with Tiedtke v. Fidelity & Casualty Co., 222 So.2d 206 (Fla. 1969). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The issue here is whether a presumption of prejudice to an insurer arises where an insured fails to give timely...

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