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FRESH SUPERMARKET FOODS, INC. v. ALLSTATE INS. CO.

No. 2D01-5739.

829 So.2d 1000 (2002)

FRESH SUPERMARKET FOODS, INC., Appellant, v. ALLSTATE INSURANCE COMPANY and Calvin Sheeley, Appellees.

District Court of Appeal of Florida, Second District.

November 15, 2002.

Attorney(s) appearing for the Case

Robert M. Paine of Robert M. Paine, P.A., Lakeland, for Appellant.

Guy E. Burnette and Max G. Factor of Butler Burnette Pappas, LLP, Tallahassee, for Appellee Allstate Insurance Company.

No appearance for Appellee Calvin Sheeley.

KELLY, Judge.

Fresh Supermarket Foods, Inc., appeals from a final summary judgment entered in favor of Allstate Insurance Company in an action for breach of an insurance contract. Fresh Supermarket argues that the trial court erred in granting summary judgment for Allstate because there was a genuine issue of material fact regarding whether Allstate's agent had knowledge of facts that Allstate claims Fresh Supermarket failed to disclose on its application for insurance...

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