HARTFORD ACC. & INDEM. CO. v. FONCK

No. 76-703.

344 So.2d 595 (1977)

HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellant, v. Floyd L. FONCK, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 5, 1977.


Attorney(s) appearing for the Case

Donald M. Spangler of Marlow, Mitzel, Ortmayer & Shofi, Tampa, for appellant.

William J. Terry, Tampa, for appellee.


SCHEB, Judge.

This case presents the question of whether a person insured under his employer's automobile policy solely because of his occupancy of his employer's vehicle is entitled to recover under his employer's uninsured motorist coverage where the tortfeasor is uninsured because of a fellow employee exclusion in the employer's policy. After a non-jury trial, the court entered judgment for the appellee, plaintiff below. Defendant Hartford appeals. We reverse....

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