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Fidelity & Casualty Co. of New York v. Dunlap

District Court of Appeal of Florida, Third District
Jun 19, 1979
371 So. 2d 1102 (Fla. Dist. Ct. App. 1979)

Opinion

Nos. 78-1500, 78-1512 and 78-1577.

June 19, 1979.

Appeals from Circuit Court, Dade County; Boyce F. Ezell, Jr., Judge.

Welbaum, Zook, Jones Williams and J. Bruce Hoffmann, Carey, Dwyer, Cole, Selwood Bernard and Steven R. Berger, Thornton, Conroy Herndon and John Edward Herndon, Jr., Miami, for appellants.

Everett H. Dudley, Jr., Hialeah, for appellee.

Before PEARSON, BARKDULL and HUBBART, JJ.


Fidelity and Casualty Company of New York, one of the defendants in the declaratory action, appeals a summary judgment ordering it to extend coverage on a policy which had been issued to Hilda Borges Jou Dunlap. The summary judgment also determined a question of liability, which had been presented in the alternative against Reserve Finance Corporation and Hialeah Insurance Company. All three companies appealed, the cases were consolidated, and the appellants filed briefs. Thereafter, the appellee confessed error as to Reserve and Hialeah, and requested that the summary judgment be reversed as to them.

We find no error in the summary judgment as to Fidelity, and affirm same. Edgewater Drugs, Inc. v. Jax Drugs, Inc., 138 So.2d 525 (Fla. 1st DCA 1962); All American Life Casualty Company v. Rose, 145 So.2d 555 (Fla. 3d DCA 1962); Tavares v. Allstate Insurance Company, 342 So.2d 551 (Fla. 3d DCA 1977); Bared v. Miami Professional Sports Ltd., 353 So.2d 167 (Fla. 3d DCA 1978); F R Builders v. Lowell Dunn Company, 364 So.2d 826 (Fla. 3d DCA 1978). Therefore, upon the confession of error, the summary judgment is reversed as to Reserve and Hialeah and affirmed as to Fidelity.

Affirmed in part; reversed in part.


Summaries of

Fidelity & Casualty Co. of New York v. Dunlap

District Court of Appeal of Florida, Third District
Jun 19, 1979
371 So. 2d 1102 (Fla. Dist. Ct. App. 1979)
Case details for

Fidelity & Casualty Co. of New York v. Dunlap

Case Details

Full title:FIDELITY AND CASUALTY COMPANY OF NEW YORK, A FOREIGN CORPORATION, ET AL.…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 19, 1979

Citations

371 So. 2d 1102 (Fla. Dist. Ct. App. 1979)