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MERCURY INS. CO. OF FLORIDA v. FONSECA

No. 3D08-1465.

3 So.3d 415 (2009)

MERCURY INSURANCE COMPANY OF FLORIDA, Appellant, v. Miguel A. FONSECA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 25, 2009.

Attorney(s) appearing for the Case

Elizabeth K. Russo, Miami, for appellant.

Swope, Rodante and Celene Humphries, Tampa, for appellee.

Before CORTIÑAS, ROTHENBERG, and LAGOA, JJ.

CORTIÑAS, J.

Appellee, Miguel Fonseca, was injured in a car accident allegedly caused by a policyholder of Appellant, Mercury Insurance Company of Florida. Fonseca sued the policyholder, who raised the existence of a settlement as an affirmative defense. In a separate action, Mercury sought a declaratory judgment recognizing the validity of the same settlement. The trial court consolidated the two cases. The single issue on appeal is whether correspondence between...

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