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PROGRESSIVE EXP. INS. CO. v. REED

No. 5D07-2045.

971 So.2d 176 (2007)

PROGRESSIVE EXPRESS INSURANCE COMPANY, Petitioner, v. Joie REED and Gregory Greene, Respondents.

District Court of Appeal of Florida, Fifth District.

December 28, 2007.

Attorney(s) appearing for the Case

Daniel P. Osterndorf of Latham, Shuker, Eden & Beaudine, LLP, Orlando, for Petitioner.

Joseph J. Mancuso of Joseph J. Mancuso, P.A., Casselberry, for Respondent Gregory Greene.

No Appearance for Respondent Joie Reed.

MONACO, J.

By its petition for common law certiorari, Progressive Express Insurance Company asks us to consider the issue of whether an insurer who has a bona fide coverage dispute with its insured is permitted to litigate the coverage issue in a separate declaratory judgment action, while the underlying tort action is in progress. The trial court at the request of one of the respondents abated the declaratory judgment...

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