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SOUTHERN HOME INSURANCE COMPANY v. MANHATTAN FIRE & MARINE INSURANCE COMPANY

No. 1714.

227 So.2d 691 (1969)

The SOUTHERN HOME INSURANCE COMPANY, Appellant, v. The MANHATTAN FIRE & MARINE INSURANCE COMPANY, a Corporation Authorized to Do Business in Florida, Appellee.

District Court of Appeal of Florida. Fourth District.

November 10, 1969.

Attorney(s) appearing for the Case

James A. Smith of Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, for appellant.

Theodore R. Hainline and Norman C. Roettger, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed.

McCAIN, J., and OVERTON, BEN F., Associate Judge, concur.

CROSS, C.J., dissents, with opinion.

CROSS, Chief Judge (dissenting):

This case concerns two insurance companies who issued policies of insurance covering the same risk, each company claiming coverage as being excess over any other valid and collectible insurance. I would prorate the liability according to their policy limits. See Pacific Indemnity Company...

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