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DERIUS v. ALLSTATE INDEM. CO.

No. SC01-296.

837 So.2d 406 (2003)

Maurice DERIUS, Petitioner, v. ALLSTATE INDEMNITY COMPANY, Respondent.

Supreme Court of Florida.

January 16, 2003.

Attorney(s) appearing for the Case

Mark Tischhauser, Tampa, FL; and Diego Ascencio, North Palm Beach, FL, for Petitioner.

Richard A. Sherman of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, FL; Joseph G. Murasko of Dickstein, Reynolds & Woods, West Palm Beach, FL; and Peter J. Valeta of the Law Offices of Ross & Hardies, Chicago, IL, for Respondent.

Tracy Raffles Gunn of Fowler, White, Boggs, & Banker, P.A., Tampa, FL, for Progressive Insurance Companies and Florida Defense Lawyers Association, Amici Curiae.

SHAW, Senior Justice.

We granted review in Allstate Indemnity Co. v. Derius, 773 So.2d 1190 (Fla.4th DCA 2000), based on conflict with Perez v. State Farm Fire & Casualty Co., 746 So.2d 1123 (Fla. 3rd DCA 1999), quashed sub nom. United Automobile Insurance Co. v. Rodriguez, 808 So.2d 82 (Fla.2001). We have jurisdiction. See art...

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