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FL. MARLINS CLUB v. CERTAIN UNDERWRITERS

No. 3D07-5.

979 So.2d 429 (2008)

FLORIDA MARLINS BASEBALL CLUB, LLC, a Delaware Limited Liability Company d/b/a Florida Marlins, Appellant, v. CERTAIN UNDERWRITERS AT LLOYD's LONDON SUBSCRIBING TO POLICY NO. 893/HC/97/9096, Appellee.

District Court of Appeal of Florida, Third District.

April 23, 2008.

Attorney(s) appearing for the Case

Ruden, McClosky, Smith, Schuster & Russell and John J. Pelzer, Ft. Lauderdale, for appellant.

Joel S. Perwin; Wicker, Smith, O'Hara, Graham & Ford and Frederick E. Hasty, III, Miami, and Michael A. Holtman; Nelson, Levine de Luca, Horst, and George J. Vogrin, and Thomas J. Brackin, for appellee.

Before GREEN and SALTER, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

The Florida Marlins Baseball Club, LLC, appeals a final summary judgment in its action for breach of contract and declaratory judgment seeking disability insurance coverage. We reverse.

We hold that the record demonstrates that genuine issues of material fact remain unresolved precluding summary judgment. Holl v. Talcott, 191 So.2d 40 (Fla.1966). There are still factual issues as to whether the insurer...

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