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ASSURANCE CO. OF AMERICA v. MERICAL

Nos. 83-1466, 83-1550.

464 So.2d 174 (1985)

ASSURANCE COMPANY OF AMERICA, Appellant, v. Ralph MERICAL, Jr., et Ux.; Sears Roebuck and Co.; Sears Termite & Pest Control Service, Inc., and Kimron, Inc., Appellees. SECURITY INSURANCE GROUP, Appellant, v. Ralph MERICAL, Jr., et Ux.; Sears Roebuck and Co.; Sears Termite & Pest Control Services, Inc., and Kimron, Inc., Appellees.

District Court of Appeal of Florida, Fifth District.

January 31, 1985.

Attorney(s) appearing for the Case

Robert K. Rouse, Jr. of Smith, Schoder, Rouse & Will, P.A., Daytona Beach, for appellant.

Kelvin L. Averbuch, Port Orange, for appellees.

STROKER, R.J., Associate Judge.

This is an appeal from an order awarding attorney's fees to plaintiffs against third-party defendants insurance carriers.

Plaintiffs (appellees herein), Ralph and Eleanor Merical, filed a complaint against Sears, Roebuck and Company and its pest control licensee Kimron, Inc., for damages caused by termite infestation. Sears filed a third-party complaint against its liability insurance carriers, appellants herein, Assurance Company...

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