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LINCOLN INS. CO. v. HOME EMERGENCY SERVICES, INC.

No. 3D99-1806.

812 So.2d 433 (2001)

LINCOLN INSURANCE COMPANY, Appellant, v. HOME EMERGENCY SERVICES, INC., Keller Ladders, Inc., Albert Milian, Rose Milian, Home Depot USA, Inc., and PCA Solutions, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Opinion on Rehearing March 6, 2002.

Attorney(s) appearing for the Case

George, Hartz, Lundeen & Fulmer and Esther E. Galicia (Ft.Lauderdale), for appellant.

Langbein & Langbein and Evan J. Langbein (Aventura); Kenneth E. Cohen, for appellees.

Before SCHWARTZ, C.J., and LEVY and GREEN, JJ.

Opinion on Rehearing En banc March 6, 2002.

PER CURIAM.

This is an appeal from a Summary Final Judgment entered against Lincoln Insurance Company ("Lincoln") on the basis that the general liability policy issued to Home Emergency Services, Inc. (HES) provides coverage for, and the duty to defend and indemnify, a spoliation of evidence claim which was filed against HES.

Lincoln issued a general liability policy to HES that provides coverage for any...

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