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PEPPER'S STEEL & ALLOYS v. U.S. FIDELITY & GUAR.

No. 86-1531-CIV.

668 F.Supp. 1541 (1987)

PEPPER'S STEEL & ALLOYS, INC., and Norton Bloom, Plaintiffs, v. UNITED STATES FIDELITY AND GUARANTY COMPANY; Transportation Insurance Company; Continental Casualty Company; and the Home Insurance Company, Defendants.

United States District Court, S.D. Florida, Miami Division.

August 12, 1987.

Attorney(s) appearing for the Case

R. Hugh Lumpkin, Michael P. Gable, of Keith, Mack, Lewis & Allison, Miami, Fla., for plaintiffs.

Steven Berger, Miami, Fla., for Transportation Ins. Co. & Continental Cas. Co.

Richard Critchlow & Landon Clayman, Miami, Fla., for Home Ins. Co.

Richard L. Wassenberg, Miami, Fla., for U.S. Fidelity and Guar. Co.

SPELLMAN, District Judge.

THIS CAUSE comes before the Court on Plaintiffs', PEPPER'S STEEL & ALLOYS, INC, and NORTON BLOOM, Motion for Summary Judgment and on Defendants', UNITED STATES FIDELITY AND GUARANTY COMPANY and THE HOME INSURANCE COMPANY, Motions to Dismiss. The questions presented are: (1) whether Florida Statute Annotated § 627.426(2) (West 1984) precludes any Defendants from raising defenses regarding their duty to defend and/or provide coverage...

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