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ABDO v. AVATAR PROP. AND CAS. INS. CO.

No. 4D19-2945.

302 So.3d 926 (2020)

Essam ABDO, Appellant, v. AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY, a Florida corporation, and Dry Up Restoration LLC, as assignee of Essam Abdo, Appellees.

District Court of Appeal of Florida, Fourth District.

September 9, 2020.

Attorney(s) appearing for the Case

Mariano Gonzalez and Leonardo G. Renaud of Law Offices of Gonzalez & Associates, P.A., Miramar, for appellant.

Elizabeth K. Russo and Paulo R. Lima of Russo Appellate Firm, P.A., Miami, and Butler Weihmuller Katz Craig LLP, Tampa, for appellee Avatar Property and Casualty Insurance Company, a Florida corporation.

This is an appeal from a final summary judgment against an insured who sued his insurance company for breach of contract. The crucial fact giving rise to the circuit court's ruling was the insured's failure to attend an examination under oath. We reverse because an issue of fact existed regarding the insured's willful noncompliance with...

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