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TALAT ENTERPRISES, INC. v. AETNA CAS. & SUR. CO.

No. SC 93287.

753 So.2d 1278 (2000)

TALAT ENTERPRISES, INC., d/b/a Billy the Kid's Buffet, Appellant, v. AETNA CASUALTY AND SURETY CO., d/b/a Aetna Life and Casualty, Appellee.

Supreme Court of Florida.

March 2, 2000.

Attorney(s) appearing for the Case

William F. Merlin, Jr. of Merlin Law Group, Inc., Tampa, Florida, for Appellant.

Philip E. Beck of Smith, Currie & Hancock LLP, Atlanta, Georgia, for Appellee.

Jeffrey M. Liggio, West Palm Beach, Florida, and P. Scott Russell, IV, of Dunlap & Russell, P.A., Jacksonville, Florida, for Academy of Florida Trial Lawyers, Amicus Curiae.

Anthony J. Russo of Butler, Burnette & Pappas, Tampa, Florida, for Nationwide Mutual Fire Insurance Company and United Services Automobile Association, Amicus Curiae.

WELLS, J.

We have for consideration Talat Enterprises, Inc. v. Aetna Casualty & Surety Co., No. 97-2327 (11th Cir. June 23, 1998) (unpublished opinion), a case in which the United States Court of Appeals for the Eleventh Circuit certified a question of Florida law to this Court. We have jurisdiction pursuant to article V, section 3(b)(6) of the Florida Constitution.

I. Background

This case stems from an April 15, 1994, fire which caused...

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