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THE HARTFORD v. MUNSON

No. 88-144.

533 So.2d 318 (1988)

THE HARTFORD, Appellant, v. Edward L. MUNSON, and Ann K. Munson, Appellees.

District Court of Appeal of Florida, Fifth District.

November 10, 1988.

Attorney(s) appearing for the Case

Michael W. Jones of Michael W. Jones, P.A., Gainesville, for appellant.

John H. Piccin of John H. Piccin, P.A., Ocala, for appellees.

COWART, Judge.

The summary judgment in this case is based on a judicial determination that the participation of an insurer's attorney in an arbitration proceeding with knowledge that the insured had settled a claim against a third party constituted an implied waiver by the insurer of a policy provision that the insured would not, without the insurer's consent, settle such a claim and thereby destroy the insurer's subrogation...

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