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CONTINENTAL CAS. CO. v. RYAN INC. EASTERN

Nos. SC05-1935, SC05-4816.

974 So.2d 368 (2008)

CONTINENTAL CASUALTY COMPANY, etc., Petitioner, v. RYAN INCORPORATED EASTERN, etc., et al., Respondents. Lumbermens Mutual Casualty Company, Petitioner, v. Ryan Incorporated Eastern, etc., et al., Respondents.

Supreme Court of Florida.

January 24, 2008.

Attorney(s) appearing for the Case

Jonathan L. Gaines of Karen L. Stetson, PA., Miami, FL, and William M. Martin of Peterson Bernard, Fort Lauderdale, FL, for Continental Casualty Company, Petitioner.

Patrick E. Maloney of Tressler, Soderstrom, Maloney, and Priess, LLP, Chicago, IL, and Robert L. Donald of the Law Office of Sherman and Donald, Fort Myers, FL, for Lumbermens Mutual Casualty Company, Petitioner.

Steven G. Schember and Duane A. Daiker of Shumaker, Loop, and Kendrick, LLP, Tampa, FL, for Respondents.

PARIENTE, J.

This Court has for review Ryan Inc. Eastern v. Continental Casualty Co., 910 So.2d 298 (Fla. 2d DCA 2005), in which the Second District Court of Appeal certified conflict with Western World Insurance Co., Inc. v. Travelers Indemnity Co., 358 So.2d 602 (Fla. 1st DCA 1978). The conflict issue is whether a surety that pays money on behalf of its principal and is subrogated...

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