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SMITH v. FLORIDA HEALTHY KIDS CORP.

No. 4D08-2490.

27 So.3d 692 (2010)

Duan Clayton SMITH, Appellant, v. FLORIDA HEALTHY KIDS CORPORATION and Clarendon National Insurance Company, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 9, 2010.

Attorney(s) appearing for the Case

Herbert B. Dell of Herbert B. Dell, P.A., Fort Lauderdale, for appellant.

Curt Allen and Lee Craig of Butler Pappas Weihmuller Katz Craig, LLP., Tampa, for Clarendon National Insurance Company.

McCANN, JAMES, W., Associate Judge.

This case involves a complaint for breach of contract brought by Duan Clayton Smith against Clarendon National Insurance Company ("Clarendon") for failure to pay health insurance benefits under a policy issued pursuant to the Florida Healthy Kids Corporation Act (Florida Statutes § 624.91). The case proceeded to trial on a single count for breach of contract seeking, as damages, the amount of unpaid medical bills incurred by...

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