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INDIANA INS. CO. v. WINSTON

No. 78-77.

377 So.2d 718 (1979)

INDIANA INSURANCE COMPANY, Appellant, v. Kip WINSTON, Milton Weinkle, Scott Weinkle and Todd Weinkle, and State Farm Mutual Automobile Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied January 4, 1980.

Attorney(s) appearing for the Case

Harry S. Raleigh, Jr., of McCune, Hiaasen, Crum, Ferris & Gardner, P.A., Fort Lauderdale, for appellant.

Arthur Halsey Rice, of Fromberg, Fromberg & Roth, P.A., Miami, for appellee Kip Winston.

Harry G. Hinckley, Jr., of Hinckley, Shores & Hill, Fort Lauderdale, for appellees Milton Weinkle, Scott Weinkle and Todd Weinkle.

Steven R. Berger, Miami, and Martin J. Sperry, of Carey, Dwyer, Cole, Selwood & Bernard, P.A., Fort Lauderdale, for appellee State Farm Mut. Auto. Ins. Co.

ANSTEAD, Judge.

The issue on appeal is whether the appellee, Kip Winston, sustained a bodily injury arising out of the "ownership, maintenance, operation, use, loading or unloading" of an automobile within the meaning of an exclusion contained in a homeowner's liability insurance policy issued by appellant, Indiana Insurance Company, to appellee, Milton Weinkle.

The undisputed facts indicate that at the time of the...

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