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EXCELSIOR INS. CO. v. POMONA PARK BAR & PACKAGE STORE

No. 52195.

369 So.2d 938 (1979)

EXCELSIOR INSURANCE COMPANY, Petitioner, v. POMONA PARK BAR & PACKAGE STORE, Respondent.

Supreme Court of Florida.

Rehearing Denied May 4, 1979.

Attorney(s) appearing for the Case

Cliff B. Gosney, Jr. and J. Walsh of Gosney, Cameron, Parsons & Marriott, P.A., Daytona Beach, for petitioner.

William L. Townsend, Jr. and William E. Butler of Walton & Townsend, Palatka, for respondent.

Joseph C. Jacobs and Thomas M. Ervin, Jr. of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for American Ins. Association, amicus curiae.

ADKINS, Justice.

This cause is before the Court on petition for writ of certiorari to review the decision of the First District Court of Appeal in Pomona Park Bar & Package Store v. Excelsior Insurance Co., 347 So.2d 136 (Fla.1st DCA 1977), which directly conflicts with United States Fidelity and Guaranty Co. v. Hazen, 346 So.2d 632 (Fla.2d DCA 1977). In those decisions the district...

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