FIDELITY & CAS. CO., N.Y. v. FONSECA

Nos. 77-619, 77-1688.

358 So.2d 569 (1978)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. Ana FONSECA, Appellee. Ada Fernandez ROJAS, Appellant, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 26, 1978.


Attorney(s) appearing for the Case

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and R. Benjamin Reid, Miami, for Fidelity and Casualty Co.

Horton, Perse & Ginsberg, Ratiner & Glinn, Miami, for Fonseca & Rojas.

Before PEARSON, NATHAN and KEHOE, JJ.


NATHAN, Judge.

These consolidated appeals emanate from separate decisions by two trial courts, each interpreting the provisions of a single automobile insurance policy as they relate to a specific incident. We must decide whether, in light of the particular facts involved, the subject policy provides either personal injury protection (PIP), liability coverage, neither, or both to a wife, who resided with her husband, for an accident which occurred when she was driving...

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