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Kenilworth Ins. Co. v. MacMillan

District Court of Appeal of Florida, Fourth District
Jul 12, 1978
360 So. 2d 491 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-1921.

July 12, 1978.

Interlocutory appeal from Circuit Court, Palm Beach County; Tom Johnson, Judge.

Marjorie D. Gadarian of Jones, Paine Foster, West Palm Beach, for appellant.

Maureen L. McGill of Adams, Sullivan, Coogler, Watson Smith, West Palm Beach, for appellee-McMullen.


This is an interlocutory appeal from a summary judgment on the issue of insurance coverage. The trial court found a "public or livery conveyance" exclusion to be inapplicable under stipulated and undisputed facts. After review, this court concludes that both the facts and law fully support the trial court's finding. The vehicle in question was not used as a public or livery conveyance as this exclusion has been defined. Greyhound Rent-A-Car, Inc. v. Carbon, 327 So.2d 792 (Fla. 3d DCA 1976). The summary judgment below is, therefore, affirmed.

CROSS, MOORE and BERANEK, JJ., concur.


Summaries of

Kenilworth Ins. Co. v. MacMillan

District Court of Appeal of Florida, Fourth District
Jul 12, 1978
360 So. 2d 491 (Fla. Dist. Ct. App. 1978)
Case details for

Kenilworth Ins. Co. v. MacMillan

Case Details

Full title:KENILWORTH INSURANCE COMPANY, APPELLANT, v. SAMUEL MacMILLAN, CALVIN…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 12, 1978

Citations

360 So. 2d 491 (Fla. Dist. Ct. App. 1978)