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APPLE PREMIUM FIN. v. GENERAL STAR INDEM.

Nos. 91-2895, 92-90.

609 So.2d 655 (1992)

APPLE PREMIUM FINANCE SERVICE COMPANY, Appellant, v. GENERAL STAR INDEMNITY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 12, 1993.

Attorney(s) appearing for the Case

Dunn & Lodish and Barbara A. Eagan and Mitchell Widom, Miami, for appellant.

Steel Hector & Davis and Brian J. Stack and Jennifer Prior, Miami, for appellee.

Before HUBBART and FERGUSON and GERSTEN, JJ.

PER CURIAM.

This is an appeal by the plaintiff Apple Premium Finance Company from an adverse final summary judgment and an order awarding attorney's fees; this is also a cross appeal by the defendant General Star Indemnity Company from an order dismissing its counterclaim. We affirm.

First, we conclude, based on this record, that as a matter of law (1) the alleged fraud and civil theft sued upon in this case was committed by an employee or agent of Miami Insurance...

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