ROGER A. WELCH, APPELLANT,
v.
HILTON INN AND FLORIDA HOTEL/MOTEL ASSOCIATION, SELF-INSURER'S FUND, SERVICED BY: CORPORATE GROUP SERVICE, APPELLEES

Fla. 1st DCA | 1983-11-08
No. AS-295
ROBERT P. SMITH, Jr., and WIGGIN-TON, JJ., concur., BOOTH, J., dissents without written opinion.
440 So. 2d 44 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 2 cases

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Synopsis

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.


Holding

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.


Facts & Procedural History

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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Opinion of the Court
PER CURIAM.

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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