A Florida appellate court has ruled against a state agency battling a private insurer over liability coverage.

Florida’s Third District Court of Appeal issued an opinion Wednesday reversing and remanding a final declaratory judgment entered in Miami-Dade Circuit Court for the Florida Department of Children and Families against Diamond State Insurance Co. The appellate panel determined the lower court granted the DCF’s motion for summary judgement against the insurer prematurely, and ruled issues of material fact remained in the case.

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