Aetna Ins. v. Southeastern Fid. Ins. Co.

Full title: AETNA INSURANCE COMPANY, APPELLANT, v. SOUTHEASTERN FIDELITY INSURANCE…

Court: District Court of Appeal of Florida, Third District

Date published: Sep 10, 1982

418 So. 2d 270 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1168.

May 18, 1982. Rehearing Denied September 10, 1982.

Appeal from Circuit Court, Dade County; Jon I. Gordon, Judge.

Vernis, Bowling, West, Montalto Goodman and Richard N. Blank, Fort Lauderdale, for appellant.

McClure Gay and Robert J. Reid, Fort Lauderdale, for appellee.

Before NESBITT and JORGENSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

PER CURIAM.

Because we find that the notice provided by Anthony Abraham Leasing, Inc. was insufficient to shift the primary responsibility for liability and personal injury coverage from the lessor's insurance company (Southeastern Fidelity Insurance Company) to the lessee's carrier (Aetna Insurance Company), we reverse. Guemes v. Biscayne Auto Rentals, Inc., 414 So.2d 216 (Fla. 3d DCA 1982) (Case no. 80-1381, opinion filed April 20, 1982).

Reversed and remanded with directions to enter final judgment in favor of Aetna Insurance Company.