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FIDELITY AND GUAR. INS. CO. v. POLK COUNTY

No. 2D08-3377.

20 So.3d 383 (2009)

FIDELITY AND GUARANTY INSURANCE COMPANY, United States Fidelity and Guaranty Company, Appellant, v. POLK COUNTY and Florida Municipal Insurance Trust, Appellees.

District Court of Appeal of Florida, Second District.

August 14, 2009.

Attorney(s) appearing for the Case

John P. Daly and Elise J. Geibel of Rissman, Barrett, Hurt, Donahue and McLain, P.A., Orlando, for Appellant.

Hank B. Campbell of Valenti Campbell Trohn Tamayo & Aranda, P.A., Lakeland, for Appellee, Polk County.

Lamar D. Oxford and Donna N. Maloney Hansen of Dean, Ringers, Morgan & Lawton, Orlando, for Appellee, Florida Municipal Insurance Trust.

ALTENBERND, Judge.

Fidelity and Guaranty Insurance Company and United States Fidelity and Guaranty Company (Fidelity) appeal a judgment declaring that Fidelity, and not Florida Mutual Insurance Trust (FMIT), is the workers' compensation carrier responsible for paying benefits for an occupational disease suffered by an employee of Polk County. We conclude that the trial court erred because it did not apply the provisions of section 440.151(5), Florida Statutes (1999...

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