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LEXINGTON INSURANCE CO. v. CSX TRANSPORTATION, INC.,

No. 1D01-4685.

828 So.2d 1090 (2002)

LEXINGTON INSURANCE COMPANY, Nationwide Mutual Insurance Company, Employers Insurance of Wausau, Wausau General Insurance Company, First State Insurance Company, Allianz Insurance Company, and Allianz Underwriters Insurance Company, Appellants, v. CSX TRANSPORTATION, INC., on its own behalf and as Successor in Interest to Baltimore & Ohio Railroad Company, Chesapeake & Ohio Railway Company, Atlantic Coast Line Railroad, Seaboard Coast Line Railroad Company and Louisville & Nashville Railroad Company, Appellees.

District Court of Appeal of Florida, First District.

October 30, 2002.

Attorney(s) appearing for the Case

John J. Schickel and James H. Daniel of Coker, Myers, Schickel, Sorenson & Higginbotham, Jacksonville and James P. Schaller, Donald L. Uttrich, and Barbara M.R. Marvin of Jackson & Campbell, P.C., Washington, D.C., attorneys for Appellant Lexington Insurance.

H. Franklin Perritt Jr. and Sonya H. Hoener of Marks, Gray, Conroy & Gibbs, Jacksonville and John J. Dillon and Stephen Fowler of Hamilton, Altman, Canale & Dillon, Bethesda, attorneys for Appellants Employer Insurance, Nationwide Insurance, and Wausau General Insurance.

Bradley S. Fischer and Camille M. Coke of Melito & Adolfsen, Ft. Lauderdale, attorneys for Appellant First State Insurance, for appellants.

James F. Moseley, Stanley M. Weston, and Charles M. Trippe of Moseley, Warren, Prichard & Parrish, Jacksonville; and John H. Mathias Jr., David M. Kroeger, and Scott T. Schutte of Jenner & Block, Chicago, for appellees.

PER CURIAM.

AFFIRMED. See Warth v. State Farm Fire & Casualty Co., 695 So.2d 906 (Fla. 2d DCA 1997).

ERVIN, BARFIELD and WOLF...

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