FIDELITY & CAS. CO. OF NEW YORK v. GARCIA

No. 78-1091.

368 So.2d 1313 (1979)

FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. Elsa GARCIA, a Minor through Her Parent and Natural Guardian, Heraoldo Garcia, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 16, 1979.


Attorney(s) appearing for the Case

Corlett, Merritt, Killian & Sikes and Gerald E. Rosser, Miami, for appellant.

Stabinski, Funt, Levine & Vega, Miami, for appellees.

Before HAVERFIELD, C.J., and PEARSON and KEHOE, JJ.


PEARSON, Judge.

Fidelity & Casualty Company of New York was the plaintiff in an action for declaratory judgment. It sought a declaration concerning the coverage for its insured, Elsa Garcia, who was injured in an automobile-pedestrian accident. This appeal is from a final summary judgment finding that coverage was afforded to the injured minor claimant.

The facts appear without conflict by stipulation of the parties, and are set forth by the court in the...

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