PHOENIX INS. CO. v. McCORMICK

No. 88-02154.

542 So.2d 1030 (1989)

The PHOENIX INSURANCE COMPANY, Appellant, v. Kathleen B. McCORMICK AND Richard McCormick, Her Husband, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 15, 1989.


Attorney(s) appearing for the Case

Raymond T. Elligett, Jr., and Lee Delton Gunn, IV, of Shackleford, Farrior, Stallings & Evans, Tampa, for appellant.

James E. Deakyne, Jr., of Nunez & Deakyne, St. Petersburg, for appellees.


ALTENBERND, Judge.

The Phoenix Insurance Company appeals a final summary judgment which awards damages to Kathleen B. McCormick and Richard McCormick under their liability insurance coverage because Phoenix failed to comply with the Claims Administration Statute, section 627.426, Florida Statutes (1985). Since the McCormicks and their attorney had actual written notice of the denial of coverage by Phoenix and the reasons for that denial within thirty days of

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