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ST. PAUL FIRE & MARINE INS. v. THOMAS

No. 71-90.

273 So.2d 117 (1973)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant, v. Terri L. THOMAS, a Minor, by and through Her Mother and Next Friend Kathryn Thomas, and Kathryn Thomas, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 7, 1973.

Attorney(s) appearing for the Case

Jeanne Heyward, Miami, and Eugene L. Heinrich of McCune, Hiassen, Crum, Ferris & Gardner, Fort Lauderdale, for appellant.

Robert Orseck, of Podhurst, Orseck & Parks, Miami, and Edward L. Middlebrooks, of Ferrero, Middlebrooks & Houston, Fort Lauderdale, for appellees.

OWEN, Judge.

The plaintiffs in a personal injury action obtained a judgment against the defendant-tort-feasor (an insured under a homeowner's policy issued by St. Paul Fire & Marine Ins. Co.). Plaintiffs then brought this action against St. Paul to recover the amount of that judgment plus attorney's fees. The non-jury trial resulted in a judgment favorable to the plaintiffs. St. Paul appeals, raising the primary question of whether its policy afforded coverage...

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