Metropolitan Casualty Insurance Co. v. Tepper

I respectfully concur in part and dissent in part. I would dismiss the case because Metropolitan has taken inconsistent positions and because the Fifth District Court of Appeal’s decision in Metropolitan Casualty Insurance Co. v. Tepper, 969 So.2d 403 (Fla. 5th DCA 2007), does not conflict with the Second District Court of Appeal’s decision in Dominion of Canada v. State Farm Fire & Casualty Co., 754 So.2d 852 (Fla. 2d DCA 2000). On the merits, if it were appropriate to review this case, I would agree with the result of the majority’s opinion to the extent it approves the Metropolitan…