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FLORIDA INS. GUAR. ASS'N v. SMOTHERS

No. 4D09-4597.

65 So.3d 541 (2011)

FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellant, v. James SMOTHERS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 9, 2011.

Attorney(s) appearing for the Case

Philip E. Ward , Jeffrey T. Kuntz , Roland E. Schwartz and Evan D. Appell of GrayRobinson, P.A., Fort Lauderdale, for appellant.

James C. Spitz of Law Offices of James C. Spitz, West Palm Beach, and Bard D. Rockenbach and Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach, for appellee.

MAY, J.

The Florida Insurance Guaranty Association (FIGA) appeals an award of attorney's fees against it, pursuant to section 631.70, Florida Statutes (2008). It argues the trial court erred in finding that it denied coverage by affirmative action other than delay. We agree and reverse.

Atlantic Preferred issued an insurance policy to the insured, which was in effect when the insured's property was damaged by Hurricane...

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