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AMERICAN BUILDERS INS. v. SOUTHERN-OWNERS INS. CO.

No. 21-13496.

71 F.4th 847 (2023)

AMERICAN BUILDERS INSURANCE COMPANY, Plaintiff-Appellee, v. SOUTHERN-OWNERS INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: June 20, 2023.

Attorney(s) appearing for the Case

Philip M. Burlington , Adam J. Richardson , Burlington & Rockenbach, PA, West Palm Bch, FL, Richard M. Benrubi , Benrubi Law, PA, Boca Raton, FL, for Plaintiff-Appellee.

Kevin David Franz , Boyd & Jenerette, PA, Boca Raton, FL, Kansas R. Gooden , Boyd & Jenerette, PA, Miami, FL, Carri Leininger , Jessica Leigh Saltz , Williams Leininger & Cosby, PA, North Palm Beach, FL, for Defendant-Appellant.

Before William Pryor, Chief Judge, Rosenbaum, and MARCUS, Circuit Judges.

Southern-Owners Insurance Company's motion for panel rehearing is granted, and we vacate our previous opinion, published at 56 F.4th 938 (11th Cir. 2023), and substitute the following opinion in its place. In this opinion, we change section II.C in light of the Supreme Court's recent decision in Dupree v. Younger, ___...

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