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AHERN v. ODYSSEY RE (LONDON) LTD.

No. 4D00-1903.

788 So.2d 369 (2001)

Michael P. AHERN, Jr., as Personal Representative of the Estate of Jerri Renee Ahern, Deceased, and next friend and guardian of Michael P. Ahern, IV, a minor, Appellant, v. ODYSSEY RE (LONDON) LIMITED, f/k/a Sphere Drake Insurance Company, Appellee/Cross-Appellant, v. Scott Combs, Cross-Appellee.

District Court of Appeal of Florida, Fourth District.

June 20, 2001.

Attorney(s) appearing for the Case

Michael J. Mortell of J.D. Lewis, III & Associates, Stuart, for appellant and cross-appellee.

David R. Cassetty of O'Connor, Chimpoulis, Restani, Marrero & McAllister, P.A., Coral Gables, for appellee/cross-appellant.

STEVENSON, J.

Michael P. Ahern, Jr., as Personal Representative of the Estate of Jerri Renee Ahern, and Scott Combs sued Medi-Trans, Inc., for negligent hiring and retention. When Medi-Trans' insurer, Odyssey Re (London) Limited, refused to provide a defense and denied coverage, Medi-Trans entered into consent judgments with Ahern's estate and Combs for $850,000, and $135,000, respectively. Pursuant to an assignment of rights, Ahern's estate and Combs brought an action...

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