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ALLSTATE INS. CO. v. ROYAL GUARDIAN INS. CO. OF CANADA

No. 74-1206.

314 So.2d 14 (1975)

ALLSTATE INSURANCE COMPANY, Appellant, v. ROYAL GUARDIAN INSURANCE COMPANY OF CANADA, a Foreign Corporation, and John Patterson Young, Executor of the Estate of James Sewell Smith, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

June 13, 1975.

Attorney(s) appearing for the Case

Edna L. Caruso of Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for appellant.

A. Russell Bobo of Jones, Paine & Foster, West Palm Beach, for appellees.

OWEN, Chief Judge.

Allstate Insurance Company paid a judgment against its insured, National Car Rental Systems, Inc.,1 for liability arising out of the ownership of an automobile operated by one Smith. Because the judgment which it paid was in excess of its policy limits, Allstate brought the present action against the estate of the deceased driver and his liability insurance carrier, seeking indemnification for the excess. This interlocutory...

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