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BARRY I. HECHTMAN and BRENDA HECHTMAN, Appellants, vs. NATIONS TITLE INSURANCE OF NEW YORK, INC. and COMMONWEALTH LAND TITLE INSURANCE COMPANY, Appellees.

25 Fla. L. Weekly D2235a

Insurance — Title insurance — Question certified: Whether section 627.792, Fla. Stat. (1997), which provides that an insurer is liable for the misfeasance of a “licensed title insurance agent” applies to a title insurance agent who is an attorney and is therefore exempt from licensing as a title insurance agent by the Department of Insurance under section 626.8417, Fla. Stat. (1997)

BARRY I. HECHTMAN and BRENDA HECHTMAN, Appellants, vs. NATIONS TITLE INSURANCE OF NEW YORK, INC. and COMMONWEALTH LAND TITLE INSURANCE COMPANY, Appellees. 3rd District. Case No. 3D99-1597. L.T. Case No. 97-13527. Opinion filed September 20, 2000. An Appeal from the Circuit Court for Dade County, Stuart M. Simons, Judge. Counsel: Aballi, Milne, Kalil & Garrigo and Hendrik G. Milne, and Anthony V. Falzon, for appellants. Cohen, Norris, Scherer, Weinberger & Wolmer and James S. Telepman (North Palm Beach); Keith Mack LLP, and Robert A. Cohen and Jack R. Reiter, for appellees.ON MOTION FOR REHEARING[Original Opinion at 25 Fla. L. Weekly D1357a]

(Before SCHWARTZ, C.J., and GREEN and FLETCHER, JJ.)

(PER CURIAM.) Although appellants’ motion for rehearing is denied, we certify to the Supreme Court of Florida that the decision herein passes upon the following question of great public importance:

Whether § 627.792, Fla. Stat. (1997), which provides that an insurer is liable for the misfeasance of a “licensed title insurance agent” applies to a title insurance agent who is an attorney and is therefore exempt from licensing as a title insurance agent by the Department of Insurance under § 626.8417, Fla. Stat. (1997).

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