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GAZIE v. ILL. EMPLOYERS INS. OF WAUSAU

No. 4-86-1118.

534 So.2d 1171 (1988)

Richard GAZIE, et Ux., Appellants, v. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU, Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Granted, Rehearing and Certification Denied January 10, 1989.

Attorney(s) appearing for the Case

Edward A. Perse of Horton, Perse & Ginsberg, and Jeffrey M. Liggio, Miami, for appellants.

Paula C. Kessler of Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, P.A., Fort Lauderdale, for appellee-Illinois Employers Ins. of Wausau.

Steven R. Berger and Donna A. Weston of Steven R. Berger, P.A., Miami, and Pomeroy, Pomeroy & Pomeroy, Fort Lauderdale, for appellee-John Hancock Mut. Life Ins. Co.

Rehearing Granted, Rehearing En Banc and Certification Denied January 10, 1989.

PER CURIAM.

We affirm the trial court's order for new trial. The verdict provided the jury was inconsistent with the trial court's instruction to the jury. As a result, the verdict reflected the jury's failure to follow the instruction.

HERSEY, C.J., and GLICKSTEIN, J., concur.

LETTS, J., dissents with opinion.

LETTS, Judge, dissenting.

The insureds...

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