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ALESSIO EX REL. ESTATE OF GARZA v. FLORIDA INS. GUAR. ASS'N

No. 2D11-2949.

91 So.3d 910 (2012)

John D. ALESSIO, as Personal Representative of the ESTATE OF Paola GARZA, Deceased, Appellant, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, as successor to First Commercial Insurance Company, also known as First Commercial Transportation & Property Insurance Company, Appellee.

District Court of Appeal of Florida, Second District.

July 6, 2012.

Attorney(s) appearing for the Case

Susan W. Fox of Fox & Loquasto, P.A., Orlando; and Leonard M. Succar of Brent L. Probinsky, P.A., Sarasota, for Appellant.

Kristen A. Tajak and Scott A. Cole of Cole, Scott & Kissane, P.A., Miami, for Appellee.

BLACK, Judge.

John D. Alessio, as Personal Representative of the Estate of Paola Garza, appeals the entry of final summary judgment rendered in favor of the Florida Insurance Guaranty Association (FIGA). FIGA assumed the handling of the Estate's claim from insolvent insurance carrier, First Commercial Insurance Company (FCIC), which had reached a settlement with the Estate. Because we find that the Estate's claim both arose out of the insurance policy and was within...

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