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STATE FARM MUT. AUTO. INS. CO. v. KILBREATH

No. 61133.

419 So.2d 632 (1982)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Floyd Michael KILBREATH, Respondent.

Supreme Court of Florida.

September 2, 1982.

Attorney(s) appearing for the Case

Thomas G. Kane of Driscoll, Langston & Kane, Orlando, for petitioner.

William H. Roundtree, Cocoa, for respondent.

EHRLICH, Justice.

We have for review the decision of the District Court of Appeal, Fifth District, in Kilbreath v. State Farm Mutual Automobile Insurance Co., 401 So.2d 846 (Fla. 5th DCA 1981), which expressly and directly conflicts with Mendlein v. United States Fidelity & Guaranty Co., 277 So.2d 538 (Fla. 3d DCA 1973). We have jurisdiction.1

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