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GARROTE v. LIBERTY MUTUAL INSURANCE COMPANY

No. 73-2994.

496 F.2d 1168 (1974)

Acela GARROTE, Plaintiff-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 5, 1974.

Attorney(s) appearing for the Case

Edward A. Perse, Alan R. Schwartz, Arnold R. Ginsberg, Miami, Fla., for plaintiff-appellant.

Edward L. Magill, John P. Wiederhold, Miami, Fla., for defendant-appellee.

Before BROWN, Chief Judge, and GODBOLD and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Relying on a single Florida case, Mrs. Acela Garrote asserts that contrary to the decision of the District Court, her automobile liability insurance policy should cover an accident she had while driving an automobile which was acquired after the policy was issued.

The crucial decision in the case is whether the language of the policy requiring notice to the company within 30 days of the acquisition of a new automobile is ambiguous and...

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