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NORTHERN INSURANCE CO. v. SEITLIN & COMPANY

No. 3D05-488.

919 So.2d 534 (2005)

NORTHERN INSURANCE COMPANY OF NEW YORK, a foreign corporation, Appellant, v. SEITLIN & COMPANY, a Florida corporation, and Carlos Manuel Chomat and Elena Quintana Chomat, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 3, 2006.

Attorney(s) appearing for the Case

Lane Reese Aulick Summers & Ennis, and William S. Reese, Miami; McKenna Long & Aldridge, and J. Randolph Evans (Washington, D.C.), and Stefan Passantino (Atlanta, GA), for appellant.

Bernstein, Chackman & Liss, and Julia Luyster, and Steven J. Chackman (Hollywood); Hunter Williams & Lynch, and Christopher J. Lynch, for appellees.

Before GERSTEN, GREEN, and RAMIREZ, JJ.

PER CURIAM.

Northern Insurance Company of New York ("Northern"), appeals the trial court's order of final summary judgment in favor of Seitlin & Company ("Seitlin"). We reverse.

The trial court entered summary judgment finding Northern's umbrella insurance policy provides coverage for the Carlos Manuel Chomat ("Chomat") claim. In its pleadings, Northern raised affirmative defenses and asserted a counterclaim for rescission of the policy.

Because...

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