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FABRICANT v. KEMPER INDEPENDENCE INS. CO.

No. 06 80527 CIV HURLEY, 06 80527 CIV HOPKINS.

474 F.Supp.2d 1328 (2007)

Stanley and Audrey FABRICANT, individually, and on behalf of others similarly situated, Plaintiffs, v. KEMPER INDEPENDENCE INSURANCE COMPANY, Defendant.

United States District Court, S.D. Florida.

February 9, 2007.

Attorney(s) appearing for the Case

Mark A. Wites, Alejandro Perez, of Wites & Kapetan, P.A., Deerfield Beach, FL, for plaintiff.

Mark L. Hanover, Jillian Gutman Mann, Sonnenschein Nath & Rosenthal LLP, Chicago, IL, and Marcy L. Aldrich, and Christopher. S. Carver, of Akerman Senterfitt, Miami, FL, for defendants.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

HURLEY, District Judge.

THIS CAUSE is before the court upon the defendant's motion to dismiss. For the reasons stated herein, the court will grant the defendant's motion to dismiss the first amended complaint.

BACKGROUND

Plaintiffs Stanley and Audrey Fabricant are residents of the state of New York. In addition to their home in New York, the Fabricants own a condominium in Delray Beach...

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