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RUSHING COMPANY, INC. v. ASSURANCE COMPANY OF AMERICA, INC.

No. 1D02-4024.

864 So.2d 446 (2003)

The RUSHING COMPANY, INC. and Veranda Owners' Association, Inc., Appellants, v. ASSURANCE COMPANY OF AMERICA, INC., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 29, 2004.

Attorney(s) appearing for the Case

Michael H. Crew of Crew & Crew, P.A., Ft. Walton Beach, and Loren E. Levy of The Levy Law Firm, Tallahassee, for Appellant Veranda Owners' Association, Inc.

Harold R. Mardenborough, Jr. and Ginger L. Barry of McFarlain & Cassedy, P.A., Tallahassee, for Amicus Curiae Florida Home Builders Association, Inc.; John R. Hamilton of Foley & Lardner, Orlando, for Amicus Curiae Florida Associated General Contractors Council, Inc.

Scott M. Seaman of Meckler Bulger & Tilson, Chicago, and Michael T. Bill of Young, Bill, Fugett & Roumbos, P.A., Pensacola, for Appellee, and Steven D. Pearson, Illinois, co-counsel for Appellee.

Laura A. Foggan, John C. Yang and Ian A. Ossakow of Wiley Rein & Fielding LLP, Washington, DC, and P. Scott Mitchell of Fuller, Johnson & Farrell, P.A., Tallahassee, for Amicus Curiae Complex Insurance Claims Litigation Association.

PER CURIAM.

AFFIRMED. LaMarche v. Shelby Mutual Ins. Co., 390 So.2d 325 (1980); Aetna Casualty and Surety Co. v. Deluxe Systems, Inc., 711 So.2d 1293 (Fla. 4th DCA 1998); Lassiter Const. Co., v. American States Ins. Co., 699 So.2d 768 (Fla. 4th DCA 1997).

BARFIELD, ALLEN and DAVIS...

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