TRANSP. CAS. INS. v. SOIL TECH DISTRIBUTORS

No. 4D06-1483.

966 So.2d 8 (2007)

TRANSPORTATION CASUALTY INSURANCE COMPANY, n/k/a Aequicap Insurance Company, Appellant, v. SOIL TECH DISTRIBUTORS, INC., Bulk Express Transport, Inc., Reynaldo Rodriguez, Margaret Heath & Kenneth Heath, as Co-Personal Representatives of the Estate of James Gabriel, the Estate of Marie Gabriel, and the Estate of Michael Gabriel, and Margaret Heath & Kenneth Heath, as Co-Guardians of James Joseph Gabriel, Appellees.

District Court of Appeal of Florida, Fourth District.

August 8, 2007.


Attorney(s) appearing for the Case

John R. Hargrove and Dana J. McElroy of Gordon Hargrove & James, P.A., Fort Lauderdale, for appellant.

Richard J. Ovelmen, Enrique D. Arana, and Mitchell D. Sprengelmeyer of Jorden Burt LLP, for appellees Soil Tech Distributors, Inc., Bulk Express Transport, Inc. and Reynaldo Rodriguez.


WARNER, J.

Transportation Casualty Insurance Company appeals a final order dismissing its complaint for declaratory relief against its insured. Because the court concluded that what Transportation sought was rescission of the complaint, it refused to entertain the declaratory judgment action. We reverse, as Transportation was entitled to seek declaratory relief, even though other relief might also be available.

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