ALLSTATE INSURANCE COMPANY v. VANATER

No. 44126.

297 So.2d 293 (1974)

ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Petitioner, v. Homer M. VANATER, d/b/a Kirby's Shoe Store, and Kirby's Shoe Corporation of Florida, Inc., a Florida Corporation, Respondents.

Supreme Court of Florida.

Rehearing Denied July 31, 1974.


Attorney(s) appearing for the Case

John R. Beranek and George P. Supran of Jones, Paine & Foster, West Palm Beach, for petitioner.

George J. Baya, Miami, for respondents.


DEKLE, Justice.

Certiorari was granted to review the decision of the District Court of Appeal, Fourth District, in Vanater v. Allstate Ins. Co., reported at 279 So.2d 40 (1973), which conflicts with Fidelity Phenix Fire Ins. Co. of New York v. Hilliard, 65 Fla. 443, 62 So. 585 (1913), Rosenthal v. First National Fire Ins. Co. of United States, 74 Fla. 371, 77 So. 92 (1917), Crosby v. International Investment Co.,

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