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FLORIDA INS. GUAR. ASS'N v. SUPER NICE CAB

No. 3D04-746.

890 So.2d 1171 (2004)

FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellant, v. SUPER NICE CAB, et al., Appellees.

District Court of Appeal of Florida, Third District.

December 29, 2004.

Attorney(s) appearing for the Case

Cole, Scott & Kissane and Michael C. Clarke and Betsy E. Gallagher (Tampa), for appellant.

Pita & Del Prado and H.K. "Skip" Pita, Coral Gables, for appellee.

Before GERSTEN, FLETCHER and WELLS, JJ.

FLETCHER, Judge.

This appeal presents an issue as to whether the Florida Insurance Guaranty Association [FIGA], as the statutory successor1 to insolvent insurer Biscayne Insurance Company, is vicariously estopped from denying that Biscayne had the duty to defend and indemnify its insured,2 thus FIGA is obligated by Section 631.57(1)(b), Florida Statutes (2003)3 to put on Biscayne...

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