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WELLS FARGO INS. SERVICES USA v. BLACKSHEAR

No. 2D13-4180.

136 So.3d 1235 (2014)

WELLS FARGO INSURANCE SERVICES USA, INC. (successor by merger to Boushall & Associates, Inc.), a North Carolina corporation authorized to do business in the State of Florida, Petitioner, v. William M. BLACKSHEAR, Jr., M.D.; Unum Group Corporation (f/k/a Unumprovident Corporation), a Delaware corporation authorized to do business in the State of Florida; and Julio C. Muniz, an individual, Respondents.

District Court of Appeal of Florida, Second District.

April 16, 2014.

Attorney(s) appearing for the Case

Lloyd R. Schwed and Isaac J. Wannos of Schwed Kahle & Kress, P.A., Palm Beach Gardens, for Petitioner.

Stuart Jay Levine and Edward J. Brown of Walters Levine Klingensmith & Thomison, P.A., Tampa, for Respondent William M. Blackshear, Jr., M.D.

No appearance for remaining Respondents.

MORRIS, Judge.

Wells Fargo Insurance Services USA, Inc. (Wells Fargo), seeks certiorari review of an order denying its motion to dismiss or stay/abate count five of the complaint filed by William Blackshear, Jr., M.D. We grant Wells Fargo's petition and quash the order on review.

I. Facts

According to the complaint, Dr. Blackshear, a vascular surgeon, had two disability insurance policies with UNUM Group Corporation (UNUM). In 2010, Dr. Blackshear...

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