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PATRIOT GENERAL INS. CO. v. AUTO. SALES, INC.

No. 78-1681.

372 So.2d 187 (1979)

PATRIOT GENERAL INSURANCE COMPANY CONCORD, MASSACHUSETTS, Appellant, v. AUTOMOBILE SALES, INC., d/b/a Toyota Automobile Sales, Appellee.

District Court of Appeal of Florida, Third District.

June 19, 1979.

Attorney(s) appearing for the Case

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and David S. Currie, Miami, for appellant.

Walton & Garrick and Edward L. Walton, Miami, for appellee.

Before PEARSON and KEHOE, JJ., and EZELL, BOYCE F., (Ret.), Associate Judge.

PER CURIAM.

Patriot General Insurance Company, defendant below in a declaratory action on a contract of insurance, takes this appeal from a final judgment ruling that it had an obligation to defend the appellee, Automobile Sales, Inc. [Toyota], in a lawsuit filed against Toyota by a third party. We reverse and hold that the insurance policy at issue prescribed no such duty to defend under these circumstances.

In 1973 Melvin Rappaport was involved in an automobile...

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