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NORTH AMERICAN SPEC. INS. v. BERGERON DEV.

No. 98-1917.

745 So.2d 359 (1999)

NORTH AMERICAN SPECIALITY INSURANCE COMPANY, Appellant, v. BERGERON LAND DEVELOPMENT, INC., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 7, 1999.

Attorney(s) appearing for the Case

Bruce C. King, Nancy H. Henry, and Maria C. McGuinness of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Miami, for appellant.

Steven G. Glickstein, Davie, for Appellee-Bergeron Land Development, Inc.

STONE, J.

We reverse a summary final judgment entered in favor of Bergeron Land Development, Inc. On this record, North American Speciality Insurance Company should have been afforded leave to amend its answer and affirmative defenses before resolving the summary judgment issues.

Noland Construction, Inc., the general contractor on a construction project, obtained payment and performance bonds from North American...

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