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ACOSTA, INC. v. NATIONAL UNION FIRE INS.

No. 1D09-3215.

39 So.3d 565 (2010)

ACOSTA, INC., a Delaware corporation, and Acosta Sales, LLC f/k/a Acosta Sales Co., Inc. d/b/a Acosta Sales and Marketing Company, a Delaware limited liability corporation, Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY of Pittsburg, PA., a foreign corporation, Arrowood Indemnity Company f/k/a Royal Indemnity Company, a foreign corporation, North River Insurance Company, a foreign corporation, United States Fire Insurance Company, a foreign corporation, and American Insurance Company, a foreign corporation, Appellees.

District Court of Appeal of Florida, First District.

July 30, 2010.

Attorney(s) appearing for the Case

Alan S. Wachs, Matthew P. McLauchlin, Chris T. Harris, and Michael M. Giel of Volpe, Bajalia, Wickes, Rogerson & Wachs, P.A., Jacksonville, for Appellants.

Steven J. Brodie and Jeffrey Michael Cohen of Carlton Fields, P.A., Miami, for National Union Fire Insurance Co. of Pittsburg, PA.; Kevin J. Kapusta, Anthony J. Russo, and Kathy Maus of Butler, Pappas, Weihmuller, Katz & Craig, LLP, Tampa, for Arrowood Indemnity Co. f/k/a Royal Indemnity Co.; Gerald W. Weedon of Marks & Gray, P.A., Jacksonville, for North River Insurance Co. and United States Fire Insurance Co.; Andrew E. Grigsby of Hinshaw & Culbertson LLP, Miami, for American Insurance Co.

ON MOTION FOR REHEARING

LEWIS, J.

We deny Appellants' motion for rehearing. On our own motion, we withdraw our previous opinion and substitute the following for it.

This appeal arises from a final summary judgment issued in favor of Arrowood Indemnity Co. f/k/a Royal Indemnity Co. ("Arrowood") against Acosta, Inc. and Acosta Sales, LLC (collectively "Acosta"). In the order granting Arrowood's motion for summary judgment, the trial court held...

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