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SHINGLETON v. BUSSEY

No. 37636.

223 So.2d 713 (1969)

Frances Ruth Bennett SHINGLETON and Nationwide Mutual Insurance Company, an Ohio Corporation, Petitioners, v. Elizabeth Reiff BUSSEY, Respondent.

Supreme Court of Florida.

Rehearing Denied July 8, 1969.

Attorney(s) appearing for the Case

Keen, O'Kelley & Spitz, A. Frank O'Kelley, Chas. H. Spitz and Helen C. Ellis, Tallahassee, for petitioners.

Parker, Foster & Madigan, Leo L. Foster and Gayle Smith Swedmark, Tallahassee, for respondent.

Raymond Ehrlich, Jacksonville, for American Insurance Assn., American Mutual Insurance Alliance and National Assn. of Independent Insurors, amicus curiae.

Charles S. Ausley, Tallahassee, and John S. Cox, Jacksonville, for Federation of Insurance Counsel and Florida Defense Lawyers Assn., amicus curiae.

ERVIN, Chief Justice.

The District Court of Appeal, 1st District, held in this case, 211 So.2d 593, that the trial court erred in dismissing the appellant Nationwide Mutual Insurance Company as a party defendant in an action against its insured, appellant Shingleton, arising out of an automobile collision.

We find conflict of decisions between the District Court's holding in this case and Artille v. Davidson (1936), 126...

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