LEATHERBY INSURANCE COMPANY AND JULIO GONZALEZ, PETITIONERS,
v.
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA AND OLIN'S MIAMI RENT A CAR, RESPONDENTS

Fla. | 1979-05-17
No. 52706
ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.
371 So. 2d 488 Florida Supreme Court (1979) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

By Petition for Writ of Certiorari we are requested to review a decision of the District Court of Appeal, Second District, reported at 350 So. 2d 353, which directly conflicts with the decision in Diversified Services, Inc. v. Jackson, 330 So. 2d 830 (Fla. 3d DCA 1976). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. We have concluded that the decision of the district court is correct and we adopt the opinion of Judge Grimes as the decision of this Court.

To the extent that the decision of the District Court of Appeal, Third District, in Diversified Services, Inc. v. Jackson, is in conflict herewith, it is disapproved.

ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.


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  • The Travelers Ins. Co. v. Lexington Ins. Co., 478 So. 2d 363 (Fla. 5th DCA 1985)
    …Continental Casualty Co. v. Weekes, 74 So. 2d 367 (Fla.1954); American Bankers Insurance Co. v. Leatherby Insurance Co., 350 So. 2d 353 (Fla.2d DCA 1977) adopted by Florida Supreme Court in Leatherby Insurance Co. v. American Bankers Insurance Co., 371 So. 2d 488 (Fla.1979). See also Fla.Jur.2d Insurance, § 945; Annot. 46 A.L.R.2d 1163. But see United States Fidelity & Guaranty Co. v. Liberty Mutual Insurance Co., 327 F.Supp. 462 (M.D.Pa.1971) holding that an escape clause and excess clause are mutually repu…
  • Calder Race Course, Inc. v. Hialeah Race Course, Inc., 389 So. 2d 215 (Fla. 3d DCA 1980)
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