RAY v. EARL

No. 72-419.

277 So.2d 73 (1973)

Royal G. RAY and Morrison Assurance Company, a Florida Corporation, Appellants, v. Jerry Wayne EARL and American Fire & Indemnity Company, Appellees.

District Court of Appeal of Florida, Second District.

April 25, 1973.


Attorney(s) appearing for the Case

Peterson, Carr & Harris, Lakeland, for appellants.

Fowler, White, Gillen, Humkey, Kinney & Boggs, Tampa, for appellees.


LILES, Judge.

This case represents a variation of a recurring problem in automobile liability insurance law dealing with the omnibus clause. Ray, the auto owner, gave Earl permission to use the auto. Earl allowed Surratt to drive the car with Earl as a passenger. Surratt wrecked the car causing injuries to Earl and others not involved here. Surratt was killed. Earl sued Surratt's estate and recovered a $22,000 judgment. Morrison...

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