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CLIFTON v. UNITED CAS. INS. CO. OF AMERICA

No. 2D09-971.

31 So.3d 826 (2010)

Herman CLIFTON, Appellant, v. UNITED CASUALTY INSURANCE COMPANY OF AMERICA, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 16, 2010.

Attorney(s) appearing for the Case

Raymond T. Elligett, Jr., of Buell & Elligett, P.A., Tampa; and David J. Pettinato of Merlin Law Group, P.A., Tampa, for Appellant.

William R. Lewis, Scott J. Frank, and Thomas A. Keller of Butler Pappas Weihmuller Katz Craig LLP, Tampa, for Appellee.

VILLANTI, Judge.

Herman Clifton appeals the final summary judgment entered in favor of his homeowner's insurance company, United Casualty Insurance Co., in this breach of contract action arising out of damage that Clifton's home suffered during Hurricane Charley. Because there were disputed issues of material fact as to whether Clifton was forced to file suit to resolve his dispute with United Casualty, United Casualty was not entitled to summary judgment in its favor...

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