PHOENIX INSURANCE COMPANY v. HELTON

No. T-307.

298 So.2d 177 (1974)

PHOENIX INSURANCE COMPANY, Appellant, v. Henry Eugene HELTON, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 19, 1974.


Attorney(s) appearing for the Case

Robert P. Gaines, of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellant.

Charles L. Cetti, of Phillips, Williams, McGraw, Cetti & O'Brien, Pensacola, for appellee.


BOYER, Judge.

The principles hereinafter announced will be more easily understood if we first chronologically deraign the facts.

For brevity the appellant will be referred to as "Phoenix", the appellee as "Helton" and the insured tort-feasor (James Mason Bracklin) as "Bracklin".

Sometime before the occurrence of the events giving rise to this controversy Phoenix issued an automobile liability insurance policy to Bracklin, which policy contained an...

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