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HURCHALLA v. HOMEOWNERS CHOICE PROPERTY

Nos. 4D18-2740 and 4D18-2935.

281 So.3d 510 (2019)

Margaret HURCHALLA, James Hurchalla, Lake Point Phase I, LLC, a Florida limited liability company, and Lake Point Phase II, LLC, a Florida limited liability company Appellants, v. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

October 16, 2019.

Attorney(s) appearing for the Case

Virginia P. Sherlock , and Howard K. Heims , of Littman, Sherlock & Heims, P.A., Stuart, for appellants Margaret Hurchalla and James Hurchalla.

Ethan J. Loeb , Jon P. Tasso , and Michael J. Labbee , of Smolker, Bartlett, Loeb, Hinds & Thompson, P.A., Tampa, for appellants Lake Point Phase I, LLC, and Lake Point Phase II, LLC.

Robert Alden Swift , of Cole, Scott & Kissane, P.A., Orlando, for appellee.

Appellants challenge a final summary judgment in favor of appellee insurance company which summarily determined that the company had no duty to defend or indemnify appellants Hurchalla against a civil action. Because the appellee failed to conclusively negate appellants' affirmative defenses to the complaint filed by the insurance company...

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