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IMAGINE INS. CO., LTD. v. STATE EX REL. DEPT. OF FINANCIAL SERVICES

No. 1D07-6027.

999 So.2d 693 (2008)

IMAGINE INSURANCE CO., LTD., Appellant, v. STATE of Florida ex rel. the DEPARTMENT OF FINANCIAL SERVICES of the State of Florida, and American Superior Insurance Company, a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 26, 2009.

Attorney(s) appearing for the Case

James A. McKee and Christopher M. Kise of Foley & Lardner, LLP, Tallahassee, for Appellant.

Jody Collins of Florida Department of Financial Services, Miami, and Helen Ann Hauser of Restani, Dittmar & Hauser, P.A., Coral Gables, for Appellees.

KAHN, J.

Imagine Insurance Company ("Imagine") appeals an order granting summary judgment in favor of appellee Department of Financial Services ("Department") and denying Imagine's motion for summary judgment. This case involves the interpretation of a structured reinsurance contract ("Contract") between Imagine and appellee American Superior Insurance Company ("American Superior"), a Florida property and casualty insurer. Imagine makes two claims regarding the trial...

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