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HOME INS. CO. v. GEPHART

No. 93-1677.

639 So.2d 179 (1994)

HOME INSURANCE COMPANY, Appellant, v. Kathleen GEPHART, Secure Title Service, Inc., North Palm Beach Title Services of Florida, Inc., and Florida Coast Title, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

July 6, 1994.

Attorney(s) appearing for the Case

Joseph H. Lowe of Marlow, Connell, Valerius, Abrams, Lowe & Adler, Miami, for appellant.

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., and Cindy Sojka of Gary W. Roberts, P.A., West Palm Beach, for appellee-Gephart.

PER CURIAM.

Appellant/insurer primarily contends that the trial court erred in dismissing its above action because it was entitled, at this time, to a declaration of any duty to indemnify.1 We affirm dismissal but remand with direction to vacate the final judgment and enter an order of dismissal, without prejudice to refile the action upon the issue of the duty to indemnify at the conclusion of the underlying action against appellees/insureds...

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