FEDERAL INSURANCE COMPANY and McMerit Construction Company, n/k/a Mccarthy Construction Company, Petitioners,
v.
The SOUTHWEST FLORIDA RETIREMENT CENTER, INC., d/b/a The Village on the Isle, Respondent.
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, et al., Petitioners,
v.
The SOUTHWEST FLORIDA RETIREMENT CENTER INC., d/b/a The Village on the Isle, Respondent.
Supreme Court of Florida.https://leagle.com/images/logo.png
February 12, 1998.
Rehearing Denied April 2, 1998.
Attorney(s) appearing for the Case
Sylvia H. Walbolt, J. Bert Grandoff and William Cary Wright of Cartlon, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for Petitioner Firemen's Insurance Company of Newark.
Philip D. Parrish of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for Petitioner Cotton States Mutual Insurance Company.
Thomas F. Munro, II, and John R. Hamilton of Foley & Lardner, West Palm Beach, for Petitioners Federal Insurance Company and McCarthy Construction Company.
David E. Gurley and Anthony S. Cabrera of Norton, Gurley, Hammersley & Lopez, P.A., Sarasota, for Respondent Southwest Florida Retirement Center, Inc.
Supreme Court of Florida.
WELLS, Justice.
We have for review Southwest Florida Retirement Center v. Federal Insurance Co.,682 So.2d 1130 (Fla. 2d DCA 1996), which expressly and directly conflicts with School Board of Volusia County v. Fidelity Co. of Maryland,468 So.2d 431 (Fla. 5th DCA 1985). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
In 1981, Southwest...
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