UNITED SERVICES AUTOMOBILE ASSOCIATION v. GILLEN

No. 71-1096.

280 So.2d 52 (1973)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellant, v. Marie GILLEN, Individually, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 2, 1973.


Attorney(s) appearing for the Case

W. Marvin Hardy, III, of Gurney, Gurney & Handley, P.A., Orlando, for appellant.

Terrell Griffin, of the Law Offices of Russell Troutman, P.A., Winter Park, for appellees.


OWEN, Judge.

Appellant insurer appeals from a declaratory judgment holding that the "other insurance" clause of the uninsured motorist coverage of its policy (delivered to its insured in New Hampshire while a resident of that state) is void as against the public policy of Florida.

On December 16, 1969, appellant delivered to Mr. and Mrs. Gillen, residents of the State of New Hampshire, two automobile liability insurance policies, No. 29 describing a Karmann...

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