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WELLCARE OF FLA. v. AM. INTERN. SPECIALTY

Nos. 2D07-3340, 2D07-3417.

16 So.3d 904 (2009)

WELLCARE OF FLORIDA, INC., f/k/a Well Care HMO, Inc., Appellant, v. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE CO., Appellee. American International Specialty Lines Insurance Co., Appellant, v. WellCare of Florida, Inc., f/k/a Well Care HMO, Inc., Appellee.

District Court of Appeal of Florida, Second District.

July 31, 2009.

Attorney(s) appearing for the Case

William A. Gillen, Jr. and Richard M. Zabak of GrayRobinson, P.A., Tampa, and Edward M. Joyce and Jaime J. Santos of Orrick, Herrington & Sutcliffe, LLP, New York, New York, for Appellant WellCare of Florida, Inc.

Robert E. Biasotti of Carlton Fields, P.A., St. Petersburg, and Robert W. Pass, Chris S. Coutroulis, Steven J. Brodie, and Frederick T. Hawkes of Carlton Fields, P.A., Tallahassee, for Appellee American International Specialty Lines Insurance Co.

KELLY, Judge.

In these consolidated appeals, the parties challenge different aspects of a final judgment in an action for breach of an insurance contract. American International Specialty Lines Insurance Company (AISLIC) challenges the trial court's determination that it had a duty to defend its insured, WellCare of Florida, Inc., based on allegations contained in a complaint brought against WellCare by E.S. Thomas & Associates, an insurance agent WellCare had...

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