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MIDWEST MUTUAL INS. CO. v. FEDERAL INS. CO. OF N.J.

No. 73-357.

289 So.2d 760 (1974)

MIDWEST MUTUAL INSURANCE COMPANY, Appellant, v. FEDERAL INSURANCE COMPANY OF NEW JERSEY et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 6, 1974.

Attorney(s) appearing for the Case

Blackwell, Walker, Gray & Power, Miami, and Mark Hicks, Coral Gables, for appellant.

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, Miami, and Thomas E. Scott, Jr., Fort Lauderdale, for appellees.

Before PEARSON and HAVERFIELD, JJ., and SPECTOR, SAMUEL, Associate Judge.

PEARSON, Judge.

This is a dispute between two insurance companies as to which of the companies has primary coverage for the personal injuries resulting from an automobile accident. The trial court entered a declaratory judgment in which it found that Midwest Mutual Insurance Company, the appellant here, had the primary coverage to the extent of its policy limits. Midwest Mutual insured the operation of a business known as Auto Driveaway Company. The automobile with...

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