MIDLAND INS. CO. v. HOCHBERG

No. 80-696.

394 So.2d 449 (1981)

MIDLAND INSURANCE COMPANY and GENWAY, INC., Appellants, v. Suzanne HOCHBERG, in Her Capacity As Personal Representative of the Estate of Murray Hochberg, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 9, 1981.


Attorney(s) appearing for the Case

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

Fromberg, Fromberg & Roth and Jeffrey Michael Cohen, Miami, for appellee.

Before SCHWARTZ, NESBITT and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

The facts are undisputed. Murray Hochberg was killed when the car he was driving collided with a car driven by one Cusano, an uninsured motorist. Cusano's negligence was the sole legal cause of Hochberg's death.

The vehicle driven by Hochberg was leased by Genway, Inc. to Gem Cabinet Company, Hochberg's employer. The term of the lease was twenty-six months. As required by the lease, the lessor, Genway, provided liability insurance...

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