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STATE FARM FLORIDA INS. CO. v. PHILLIPS

No. 5D13-583.

134 So.3d 505 (2014)

STATE FARM FLORIDA INSURANCE COMPANY, Appellant, v. Fred PHILLIPS and Carol Phillips, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 12, 2014.

Attorney(s) appearing for the Case

Scot E. Samis , of Traub Lieberman Straus & Shrewsberry LLP, St. Petersburg, for Appellant.

Raymond T. Elligett, Jr. , of Buell & Elligett, P.A., Tampa, and K.C. Williams, III , of Williams Law Association, P.A., Tampa, for Appellees.

ORFINGER, J.

State Farm Florida Insurance Company appeals the trial court's order requiring it to pay replacement costs for subsurface sinkhole repairs before its insureds, Fred and Carol Phillips, contracted for the necessary repairs. We reverse.

The facts are not in dispute. In July 2010, State Farm issued the Phillipses a homeowner's insurance policy that contained a general loss payment clause as well as a separate sinkhole and catastrophic ground cover...

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