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Judge Carol A. Doyle

In Re: Ernestine Randle
December 19, 2006

Chief Judge Bruce W. Black

04 B 47448, 04 B 47450, 05 A 01703, 05 A 01797
357 B.R. 490

05 B 10482, 05 A 01319
355 B.R. 88

02 B 12199
359 B.R. 681

Judge A. Benjamin Goldgar

Judge Jack B. Schmetterer

Judge Pamela S. Hollis

01 B 26090, (Jointly Administered), 02 A 01680

Reconsideration sought of opinion granting summary judgment to insurers in declaratory judgment action. Movants argued that the court erred in finding that Florida Statute Section 627.426, which requires insurers to advise insureds within 30 days that a coverage defense would be raised, did not apply. Held: Motion denied. An insurer's determination that a notice of circumstances is insufficient to trigger coverage under a claims-made policy is not a coverage defense and so compliance with section 627.426 was not required.