TWIN CITY FIRE INS. CO. v. RUDOLPH

No. 99-786.

733 So.2d 1160 (1999)

TWIN CITY FIRE INSURANCE CO., Petitioner, v. Wallace M. RUDOLPH, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

June 25, 1999.


Attorney(s) appearing for the Case

Michael W. Leroy and K. Mitch Espat of George, Hartz, Lundeen, Flagg & Fulmer, Winter Park, for Petitioner.

No Appearance for Respondents.


PER CURIAM.

DENIED.

GRIFFIN, C.J., and GOSHORN, J., concur.

HARRIS, J., dissents, with opinion.

HARRIS, J., dissenting.

The issue before us on this Petition for Writ of Mandamus is whether the trial judge can refuse, when considering an action for declaratory judgment, to determine the insurer's duty to indemnify when such decision is critical to the insurer's duty to defend. The trial judge stated:

I'm not sure how [language...

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