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KPMG PEAT MARWICK v. NAT. UNION FIRE INS. CO.

No. SC96413.

765 So.2d 36 (2000)

KPMG PEAT MARWICK, etc., Petitioner, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, etc., Respondent.

Supreme Court of Florida.

July 13, 2000.

Attorney(s) appearing for the Case

Lewis N. Brown and Dyanne E. Feinberg of Gilbride, Heller & Brown, P.A., Miami, Florida; and David Wagner, Associate General Counsel, KPMG LLP, New York, New York, for Petitioner.

James F. Crowder, Jr. and Russell A. Yagel of Kimbrell & Hamann, P.A., Miami, Florida, for Respondent.

Daniel S. Pearson of Holland & Knight, Miami, Florida, for The Surety Association of America, Amicus Curiae.

WELLS, C.J.

We have for review a decision on the following question certified to be of great public importance:

[W]hether Dantzler Lumber & Export Co. v. Columbia Cas. Co., 115 Fla. 541, 156 So. 116 (1934), permits a claim of an independent auditor's professional malpractice to be asserted by an insurer/assignee and/or insurer/subrogree.

National Union Fire Ins. Co. v. KPMG Peat Marwick,

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