U.S. FIDELITY & GUARANTY CO. v. DARDEN

No. 75-1389.

338 So.2d 37 (1976)

UNITED STATES FIDELITY AND GUARANTY CO., a Florida Corporation, Appellant, v. Ruth DARDEN and Melvin Darden, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 15, 1976.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Hawkesworth & Schmick, Miami, for appellant.

Sam Bloom, Miami, and David C. Arnold, Coral Gables, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


PEARSON, Judge.

The appellant, United States Fidelity and Guaranty Company, was the defendant to a complaint for declaratory relief whereby the appellees, Ruth Darden and Melvin Darden, sought a declaration that a policy of insurance issued by the defendant included uninsured motorist coverage although the insurance policy itself did not so provide because Ruth Darden was, at the time of the taking of her application, misled into believing that uninsured motorist...

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