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CENTRAL METAL FABRICATORS v. TRAVELERS INDEM. CO.

No. 97-905.

703 So.2d 1251 (1998)

CENTRAL METAL FABRICATORS, A DIVISION OF CENTRAL AIR CONDITIONING AND SHEET METAL, INC., Appellant, v. The TRAVELERS INDEMNITY COMPANY OF AMERICA, Appellee.

District Court of Appeal of Florida, Third District.

January 14, 1998.

Attorney(s) appearing for the Case

Alan C. Gold, South Miami, for appellant.

Walton Lantaff Schroeder & Carson, and John P. Joy, Fort Lauderdale, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and SHEVIN, JJ.

PER CURIAM.

Appellant, Central Metal Fabricators ("C.M.F."), appeals an adverse final summary judgment entered in favor of their insurer, appellee, Travelers Indemnity Company of America. Summary judgment was granted solely on the basis that C.M.F. did not fulfill a condition precedent to filing suit under the policy by submitting to an examination under oath. However, as C.M.F. repeatedly complied with all prior examination requests and only prematurely filed suit...

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