DELTA FIRE SPRINKLERS v. ONEBEACON INS.

No. 5D04-3349.

937 So.2d 695 (2006)

DELTA FIRE SPRINKLERS, INC., Appellant, v. ONEBEACON INSURANCE COMPANY, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 20, 2006.


Attorney(s) appearing for the Case

Rosemary Hanna Hayes and Tina Caraballo, of Hayes & Caraballo, PL, Orlando, for Appellant.

William L. Grant of Shutts & Bowen LLP, Orlando, for Appellee.


MONACO, J.

Delta Fire Sprinklers appeals the final summary judgment dismissing Delta Fire's actions against OneBeacon Insurance Company in two consolidated cases. We conclude, as did the trial court, that the construction payment bond issued by OneBeacon was a statutory bond that comported with section 713.23, Florida Statutes (2001), and that because Delta Fire failed to provide the required statutory notice of nonpayment, it could not recover under the bond.

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