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SILVERSTEIN v. LIBERTY MUTUAL INSURANCE COMPANY

No. 74-2607. Summary Calendar.

505 F.2d 158 (1974)

Roslyn SILVERSTEIN, as personal representative of the Estate of Nathan Silverstein, Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY et al., Defendants, Hartford Accident & Indemnity Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 4, 1975.

Attorney(s) appearing for the Case

Martin J. Sperry, Leonard M. Bernard, Jr., Fort Lauderdale, Fla., for defendant-appellant.

Donald R. Niles, Fort Lauderdale, Fla., for plaintiff-appellee.

Fleming, O'Bryan & Fleming, Fort Lauderdale, Fla., for other interested parties.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

PER CURIAM:

The diversity question presented for decision by this appeal concerns the coverage extended under the oft-interpreted "Temporary Substitute" and "Newly Acquired" provisions of an automobile liability insurance policy. The quirk arose because the automobile involved in this particular accident was owned by the insured when the policy was written.

Arnold Fedele, the insured, had purchased a 1962 Chevrolet automobile in 1968 and had driven it until...

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