ROGER A. WELCH, APPELLANT,
v.
HILTON INN AND FLORIDA HOTEL/MOTEL ASSOCIATION, SELF-INSURER'S FUND, SERVICED BY: CORPORATE GROUP SERVICE, APPELLEES
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The court affirmed the trial court's order granting a directed verdict for the insurer, despite a jury finding that the use of a non-owned vehicle was occasional and infrequent, which would have activated policy coverage.
The court affirmed the trial court's decision to grant a directed verdict for the insurer, finding that the evidence did not support the jury's finding that the vehicle's use was occasional and infrequent.
An insured's employee was involved in an accident while driving a non-owned vehicle. The insurer sought a declaratory judgment that its policy, which …
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PER CURIAM.
AFFIRMED. See Mahoney v. Sears, Roebuck & Co., 419 So. 2d 754 (Fla. 1st DCA 1982) and Recon Paving, Inc. v. Cook, 439 So. 2d 1019 (Fla. 1st DCA 1983).
ROBERT P. SMITH, Jr., and WIGGIN-TON, JJ., concur. BOOTH, J., dissents without written opinion.
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Muniz v. Glades Cnty. Sugar Growers & Emp'rs Ins. of Wausau, 443 So. 2d 351 (Fla. 1st DCA 1983)…dical testimony that his condition had worsened since the original order due to the later manifestation of neck pain, and in my view has satisfied his burden of [*354] demonstrating a change in condition. See, e.g., Adey v. Frank Dawson Motor Sales, 440 So. 2d 44 (Fla. 1st DCA 1983). Accordingly, I believe that the deputy’s finding of the existence of a causal relationship between the industrial accident and the neck injury is supported by competent, substantial evidence and I would affirm that determination…
Authorities Cited
- Mahoney v. Sears, 419 So. 2d 754 (Fla. 1st DCA 1982)
- Recon Paving, Inc. v. Cook, 439 So. 2d 1019 (Fla. 1st DCA 1983)