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CONTINENTAL INS. CO. v. KENNERSON

No. 94-611.

661 So.2d 325 (1995)

CONTINENTAL INSURANCE COMPANY a/s/o Gulf National Life Insurance Company, Appellant, v. James R. KENNERSON, Individually, and Robert L. Higgins, Individually, and J & B Outlet, Inc., and James R. Kennerson and Robert L. Higgins d/b/a J & B Outlet, Inc., Appellees.

District Court of Appeal of Florida, First District.

September 22, 1995.

Attorney(s) appearing for the Case

Edwin A. Scales of Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobsen, P.A., Lakeland, for Appellant.

John F. Fannin and J. Clark Hamilton, Jr., of Fannin, Tyler & Hamilton, P.A., Jacksonville, for Appellees.

BENTON, Judge.

As a shopping center owner's insurer, Continental Insurance Company (Continental) seeks reversal of summary judgment denying recovery it seeks from shopping center tenants for fire damage it attributes to the tenants' alleged negligence. The question is whether, when a landlord agrees to bear the expense of repairing fire damage and assumes responsibility for procuring fire insurance, while the tenant agrees to and does in fact bear "its pro rata share...

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