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FRONTIER INS. CO. OF NEW YORK v. GLUCK

No. 98-0975.

714 So.2d 616 (1998)

FRONTIER INSURANCE COMPANY OF NEW YORK, Petitioner, v. Charles GLUCK, M.D., Nudel & Gluck, M.D., P.A., Kim Lewin, and Curt Lewin, Respondents.

District Court of Appeal of Florida, Fourth District.

July 22, 1998.

Attorney(s) appearing for the Case

Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, Cohen & McIntyre, P.A., Fort Lauderdale, for petitioner.

Robert P. Frankel and Philippe Lieberman of Lapidus & Frankel, P.A., Miami, for Respondent-Charles Gluck, M.D.

Norman S. Klein of Klein, Tannen & Cohen, P.A., Hollywood, for Respondent-Nudel & Gluck, M.D., P.A.

PER CURIAM.

Through this petition for writ of certiorari, Frontier Insurance Company challenges a trial court's abatement of the declaratory judgment action on coverage. We exercise our certiorari jurisdiction and grant the petition. Britamco Underwriters, Inc. v. Central Jersey Invs., Inc., 632 So.2d 138 (Fla. 4th DCA 1994).

The parties do not dispute that in determining if there is a duty to defend, the trial court...

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