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NATIONAL UNION FIRE v. KPMG PEAT MARWICK

No. 98-3051.

742 So.2d 328 (1999)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, a Pennsylvania corporation, in its own right and as Assignee and Subrogee of BankAtlantic, a Federal Savings Bank, Appellant, v. KPMG PEAT MARWICK f/k/a Peat Marwick & Main Co., a general partnership, Appellee.

District Court of Appeal of Florida, Third District.

July 28, 1999.

Attorney(s) appearing for the Case

Kimbrell & Hamann and James F. Crowder, Jr. and Russell A. Yagel, Miami, for appellant.

Gilbride, Heller & Brown and Lewis Brown and Dyanne E. Feinberg, Miami, for appellee.

Before NESBITT, SHEVIN, and SORONDO, JJ.

NESBITT, J.

National Union Fire Insurance Company (hereinafter National Union) was the fidelity bond insurer of BankAtlantic from May of 1989 through May of 1992. The contract between National Union and BankAtlantic provided that National Union would be subrogee to any claim it paid on BankAtlantic's behalf. Thereafter, BankAtlantic made a claim against National Union in reference to a portfolio of loans BankAtlantic purchased from Sterling Resources Ltd. National...

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