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ASPEN SPECIALTY INS. v. OMAS INVESTMENTS

No. 3D10-3175.

61 So.3d 1261 (2011)

ASPEN SPECIALTY INSURANCE COMPANY, Appellant, v. OMAS INVESTMENTS, LLC d/b/a Kings Row Apartments, Appellee.

District Court of Appeal of Florida, Third District.

May 25, 2011.

Attorney(s) appearing for the Case

Boehm, Brown, Fischer, Harwood, Kelly & Scheihing, and Michaela D. Scheihing and Michael B. Germain , Dayton Beach, for appellant.

Alvarez, Carbonell, Feltman, Jimenez & Gomez, and Paul B. Feltman , for appellee.

Before RAMIREZ, C.J., and CORTIÑAS and SALTER, JJ.

PER CURIAM.

ON CONFESSION OF ERROR

Upon the appellee's proper and commendable confession of error, the order of November 1, 2010, is reversed. This case is remanded to the circuit court for further proceedings including, without limitation, an evidentiary hearing regarding the appellee's compliance with post-loss obligations under the applicable policy of insurance.

The Court declines to address the appellant's arguments regarding the validity...

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