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MAGEE v. AMERICAN SOUTHERN HOME INS. CO.

No. 1D07-2050.

982 So.2d 1255 (2008)

James E. MAGEE, Appellant, v. AMERICAN SOUTHERN HOME INSURANCE COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

June 2, 2008.

Attorney(s) appearing for the Case

David P. Healy of Law Offices of David P. Healy, PL, Tallahassee, for Appellant.

Thomas J. Guilday, Albert J. Wollermann, and Marc A. Peoples of Guilday, Tucker, Schwartz & Simpson, P.A., Tallahassee, for Appellee.

HAWKES, J.

James Magee appeals the trial court's order granting summary judgment in favor of American Southern Home Insurance Company. Magee argues summary judgment was improper. Our review of the record reveals Magee is correct. Accordingly, we reverse.

Background

Magee filed a complaint against American Southern, alleging breach of contract for its refusal to pay a claim Magee made under his policy. In relevant part...

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