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ALLSTATE INS. CO. v. STANLEY

No. 8:03-CV-1154-T-23EAJ.

282 F.Supp.2d 1342 (2003)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. Brandi STANLEY et al., Defendants.

United States District Court, M.D. Florida, Tampa Division.

August 25, 2003.

Attorney(s) appearing for the Case

Ronald L. Kammer, Hinshaw & Culbertson, Miami, FL, for Plaintiff.

Dale M. Swope, Shea T. Moxon, Gary Weisman, Swope Law Group, P.A., Tampa, FL, Gregory J. Perenich, Law Office of Gregory J. Perenich, Clearwater, FL, Frederick Dyer Page, Holland & Knight LLP, Jacksonville, FL, Jerry Alan Setchel, Barr, Murman, Tonelli, Slother & Sleet, Tampa, FL, for Defendants.

ORDER

MERRYDAY, District Judge.

The defendants counterclaim for a declaratory judgment that certain Allstate Insurance Company ("Allstate") policies provide coverage for the defendants' claims of emotional distress in underlying state court actions by the defendants against several of Allstate's insureds (Doc. 3). Allstate moves to dismiss the counterclaim and argues that section 627.4136(1), Florida Statutes, bars the counterclaim (Doc. 11).

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