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WEST AMERICAN INS. CO. v. SILVERMAN

Nos. 77-14 to 77-17.

378 So.2d 28 (1979)

WEST AMERICAN INSURANCE COMPANY, Appellant, v. Sidney SILVERMAN, Etc., American Mutual Liability Insurance Company, Etc. et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 21, 1980.

Attorney(s) appearing for the Case

James A. Smith of Wicker, Smith, Blomqvist, Duvant, McMath, Tutan & O'Hara, Miami, for appellant.

Maurice Fixel of Meyer, Leben, Fixel & Cantor, P.A., Hollywood, for appellee, Silverman.

Pomeroy, Betts & Wiederhold, Fort Lauderdale, and Joe N. Unger, Law Offices of Joe N. Unger, Miami, for appellees, American Mut. Liability Ins. Co. and Dana Weinstein.

Stephen W. Bazinsky of Walton, Lantaff, Schroeder & Carson, Fort Lauderdale, for appellee, Hartford.

BERANEK, Judge.

This is a consolidated appeal involving three insurance carriers in a wrongful death and personal injury suit and counterclaim below. The particular question involved here is the duty to defend the counterclaim.

David Weinstein was driving a car owned by his mother and insured by American Mutual Insurance Company. Bruce Silverman was killed while riding as a passenger in the Weinstein car when it struck a guard rail. No other vehicle or third...

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