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CNA INTERN. REINSURANCE CO. v. PHOENIX

Nos. 95-2309, 95-401.

678 So.2d 378 (1996)

CNA INTERNATIONAL REINSURANCE COMPANY, LTD., As Subrogee of Shapray Limited, Dark Blood, Inc., New Line Cinema, Inc., British Screen Finance, Ltd., Berliner Bank, Screen Partners and Film Finances, Inc., Appellants, v. Arlyn PHOENIX, as Personal Representative of The Estate of River J. Phoenix, Appellee. AMERICAN CASUALTY COMPANY OF READING, PA., As Subrogee of Time Warner, Inc., Appellant, v. Arlyn PHOENIX, as Personal Representative of the Estate of River J. Phoenix, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 11, 1996.

Attorney(s) appearing for the Case

John Beranek of Macfarlane Ausley Ferguson & McMullen, Tallahassee; Carl B. Schwait of Dell, Graham, Willcox, Barber, Jopling, Comfort, Schwait & Gershow, Gainesville, for Appellants.

David J. Kohs of Wright & Kohs, P.A., Orlando; Cynthia J. Pyles, Orlando, for Appellee.

JOANOS, Judge.

In these consolidated appeals from final orders granting appellee's motions to dismiss, appellants raise two issues: (1) whether the defense of impossibility of performance due to death applies when the impossibility is, allegedly, the fault of the person obligated to perform the personal services contract, and (2) whether the trial court erred in ruling that the effective dates of the policies of insurance...

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