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CHURCH OF THE PALMS-PRESBYTERIAN v. CINCINNATI IN.

No. 804CV1513TMAP.

404 F.Supp.2d 1339 (2005)

CHURCH OF THE PALMS-PRESBYTERIAN (U.S.A.), INC., a Florida nonprofit corporation, Plaintiff, v. The CINCINNATI INSURANCE COMPANY, Defendant.

United States District Court, M.D. Florida, Tampa Division.

November 18, 2005.

Attorney(s) appearing for the Case

Jesse Michael Tilden, Luis Prats, William Cary Wright, Carlton Fields. P.A., Tampa, FL, for Plaintiff.

John Vincent Garaffa, William Smith Daskam, IV, Butler Pappas Weihmuller Katz Craig LLP, Tampa, FL, for Defendant.

ORDER

PIZZO, United States Magistrate Judge.

After discovering mold in various parts of a building, the Church of the Palms-Presbyterian (U.S.A.), Inc. (the "Church") filed a claim with its insurer, The Cincinnati Insurance Company ("Insurer"). When the Insurer concluded the damages were subject to an exclusion and denied coverage, the Church brought this action for breach of contract. Both sides have moved for summary judgment and the issues are...

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