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ROTH v. OLD REPUBLIC INSURANCE COMPANY

No. 40798.

269 So.2d 3 (1972)

Ronald ROTH and State Farm Mutual Automobile Insurance Company, Petitioners, v. OLD REPUBLIC INSURANCE COMPANY and North River Insurance Co., Respondents.

Supreme Court of Florida.

Rehearing Denied December 11, 1972.

Attorney(s) appearing for the Case

Richard J. Thornton of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for petitioners.

L. Norton Preddy of Preddy, Haddad, Kutner & Hardy, and James A. Smith of Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, for respondents.

ERVIN, Justice.

This cause is before us on petition for writ of certiorari to the District Court of Appeal, Third District. Petitioner correctly contends that court's decision in Roth v. Cannel, Fla.App. 1970, 242 So.2d 491, is in conflict with the decision of this Court in Susco Car Rental System of Florida v. Leonard, Fla. 1959, 112 So.2d 832.

From the facts of the case it appears one...

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