HOME INSURANCE COMPANY v. DRESCHER

No. 67-847.

210 So.2d 451 (1968)

The HOME INSURANCE COMPANY, a New York Corporation, Appellant, v. Edwin P. DRESCHER, Alvin C. Terrill, Edre Enterprises, Inc., and Phoenix Assurance Company of New York, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 11, 1968.


Attorney(s) appearing for the Case

Knight, Underwood, Peters, Hoeveler & Pickle, Miami, for appellant.

Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, for Phoenix Assurance Co.

Horton & Schwartz, Sams, Anderson, Alper & Spencer, Miami, for Terrill.

Carl A. Spatz, Miami, for Drescher & Edre Enterprises.

Before PEARSON, BARKDULL and HENDRY, JJ.


PER CURIAM.

The appellant, plaintiff in the trial court, seeks review of an adverse final decree in a declaratory decree action.

The appellant attempted to void an automobile liability policy pursuant to the provisions of § 627.01081, Fla. Stat., F.S.A. The trial judge found that the appellant had failed to sustain its burden of proof to void the policy; that the defendant, Edwin P. Drescher, was the "equitable and beneficial owner of the insured vehicle...

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