MARQUEZ v. PRUDENTIAL PROP. & CAS. INS. CO.

No. 73560.

559 So.2d 220 (1990)

Gladys MARQUEZ, Petitioner, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Respondent.

Supreme Court of Florida.

April 12, 1990.


Attorney(s) appearing for the Case

Gerald E. Rosser, New Haven, Conn., for petitioner.

Shelley H. Leinicke of Wicker, Smith, Blomquist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for respondent.

Bonita L. Kneeland of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, amicus curiae for Florida Ass'n for Ins. Review.

Darryl D. Kendrick, Jacksonville, amicus curiae for The Academy of Florida Trial Lawyers.


SHAW, Justice.

We accepted review of Marquez v. Prudential Property & Casualty Insurance Co., 534 So.2d 918 (Fla. 3d DCA 1988), because the decision was certified to be in conflict with Shelby Mutual Insurance Co. v. Smith, 527 So.2d 830 (Fla. 4th DCA 1988). We subsequently issued an opinion quashing the district court's opinion in Shelby. Shelby Mut. Ins. Co. v. Smith,

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