PHOENIX ASSUR. CO. OF N. Y. v. BANKERS & SHIP. INS. CO.

No. 433.

202 So.2d 122 (1967)

PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellant, v. BANKERS AND SHIPPERS INSURANCE COMPANY OF NEW YORK, Archie B. Sturgis, Ulysses Griffin and Emma D. Griffin Frank Parker, a Minor by His Mother and Next Friend, Leona Parker, and Leona Parker, and Victor Johnson, a Minor by His Mother and Next Friend, Betty Jean Johnson, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 26, 1967.


Attorney(s) appearing for the Case

James V. Dolan, of Welsh, Cornell, Carlton & Walsh, Fort Lauderdale, for appellant.

H. Jackson Dorney, of Poole & Vogelsang, Miami, for appellee Bankers & Shippers Ins. Co. of New York.

Norman S. Klein, of Linet, Schwartz & Klein, North Miami Beach, for appellees Parker, Sturgis and Johnson.


MINNET, JAMES F., Associate Judge.

On July 4, 1964, Ulysses Griffin, husband of Emma D. Griffin, was involved in an accident while driving the station wagon of his wife. Lawsuits for personal injuries resulted from the accident and are now pending.

In August of 1963, Ulysses Griffin insured his pickup truck through Phoenix Assurance Company of New York, hereinafter referred to as "Phoenix", which "Family Auto Coverage Policy" was an assigned risk under the...

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