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PORTOFINO SOUTH CONDOMINIUM ASS'N v. QBE INS.

Case No. 09-81041-CIV.

664 F.Supp.2d 1265 (2009)

PORTOFINO SOUTH CONDOMINIUM ASSOCIATION OF WEST PALM BEACH, INC., Plaintiff, v. QBE INSURANCE CORPORATION, Defendant.

United States District Court, S.D. Florida.

September 24, 2009.

Attorney(s) appearing for the Case

Daniel S. Rosenbaum, John Marcus Siracusa, Joseph William Janssen, III, Melissa Devlin, Richard Chambers Valuntas, Katzman, Garfinkel, Rosenbaum, LLP, West Palm Beach, FL, for Plaintiff.

William S. Berk, Seric James Fallon, Berk Merchant & Sims PLC, Coral Gables, FL, Amy Millan Demartino, James Joseph Wicker, II, Wicker Smith O'Hara McCoy Graham & Ford, West Palm Beach, FL, Catherine Deborah Bain, Ronaflor E. Smith, C. Deborah Bain PA, North Palm Beach, FL, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COUNT IV OF PLAINTIFF'S COMPLAINT

WILLIAM P. DIMITROULEAS, District Judge.

THIS CAUSE is before the Court upon Defendant, QBE Insurance Corporation's ("QBE") Motion to Dismiss Count IV of Plaintiffs Complaint for Breach of Implied Covenant of Good Faith and Fair Dealing and Incorporated Memorandum of Law [DE-5], filed on August 10, 2009. The Court has carefully considered Plaintiffs August 27, 2009 Response...

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