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ITT HARTFORD v. CLEARY

No. 98-1593.

737 So.2d 567 (1999)

ITT HARTFORD, a foreign corporation doing business in Florida, Appellant/Cross-Appellee, v. Brian A. CLEARY, an individual, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 14, 1999.

Attorney(s) appearing for the Case

Elliot B. Kula, and H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for appellant/cross-appellee.

David C. Wiitala of Wiitala & Contole, P.A., North Palm Beach, for appellee/cross-appellant.

HAZOURI, J.

ITT Hartford (Hartford), a workers' compensation insurance carrier, filed a complaint in circuit court for declaratory judgment pursuant to sections 86.101 and 86.111, Florida Statutes (1997), because it was in doubt as to its obligation to Robin Cleary, who was injured in a work related accident. Hartford alleged that Robin Cleary was a partner of the insured, Brian A. Cleary, who had not elected coverage as required by the policy.

Brian Cleary...

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