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CENTEX-RODGERS CONST. CO. v. HERRERA

Nos. 4D98-3636, 4D98-4059 and 4D99-0071.

761 So.2d 1215 (2000)

CENTEX-RODGERS CONSTRUCTION COMPANY, a Nevada corporation, and Arlington Electric, Inc., a Florida corporation, Appellants, v. George HERRERA, and Josefa Herrera, his wife, Appellees.

District Court of Appeal of Florida, Fourth District.

June 28, 2000.

Attorney(s) appearing for the Case

Randy D. Ellison, West Palm Beach, and Patrick B. Flanagan of Flanagan, Maniotis & Berger, West Palm Beach, for appellants.

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, and Keith A. Schafer of Chikovsky, Ben & Schafer, Hollywood, for appellees.

FARMER, J.

A jury awarded plaintiff over $750,000 in damages in a negligence case. We affirm the trial court's order letting the verdict against defendants stand. The trial judge also reduced the award, however, by a setoff under section 768.76(1) for sums paid under an insurance policy. We reverse the setoff.

Section 768.76(1) provides:

"In any action to which this part applies in which liability is admitted or is determined by the trier of fact...

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