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INSURANCE COMPANY OF NORTH AMERICA v. LEXOW

No. 90-3331.

980 F.2d 704 (1993)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, Counterdefendant-Appellant, Cross Appellee, v. Clausson P. LEXOW, United Storage Systems, Inc. d/b/a The Extra Closet of Ocala, Ltd., Defendants, Counterclaim-Appellees, Cross Appellants.

United States Court of Appeals, Eleventh Circuit.

January 6, 1993.

Attorney(s) appearing for the Case

Robert Paul Keeley, Ellis, Spencer, Butler & Kisslan, Hollywood, Fla., for appellant.

Charles M. Johnston, Taylor, Day & Rio, Jacksonville, Fla., for appellees.

Before KRAVITCH and BIRCH, Circuit Judges, and DYER, Senior Circuit Judge.

PER CURIAM:

This case arose from disputes between the insured and the insurer following the destruction of the insured's business premises by fire.1 Our partial disposition of the case included certification of the following attorney's fee question to the Supreme Court of Florida:

DOES THE PHRASE "UNDER A POLICY OR CONTRACT" IN FLORIDA STATUTES, § 627.428(1) INCLUDE SUBSEQUENT LITIGATION TO DETERMINE WHETHER THE INSURED OR...

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