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FIDELITY & CASUALTY COMPANY OF NEW YORK v. STATE FARM FIRE & CASUALTY COMPANY

No. 3D05-2232.

947 So.2d 1194 (2007)

FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. STATE FARM FIRE & CASUALTY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

January 24, 2007.

Attorney(s) appearing for the Case

Walton Lantaff Schroeder & Carson and Robert L. Teitler and Wayne T. Gill, West Palm Beach, and Jane Anderson, Miami, for appellant.

Clark, Robb, Mason, Coulombe, Buschman & Cecere and James K. Clark, Miami, for appellee.

Before FLETCHER and WELLS, JJ., and SCHWARTZ, Senior Judge.

FLETCHER, Judge.

Fidelity & Casualty Company of New York [Fidelity] appeals from a summary judgment entered in favor of State Farm Fire & Casualty Company [State Farm] in this action for declaratory judgment on the issue of coverage. We reverse.

Fidelity issued an insurance policy to Mark Arnold providing motor vehicle and excess liability coverage for the policy period of September 15, 1999 to September 15, 2000. Arnold subsequently applied to State...

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