U.S. FIDELITY & GUARANTY CO. v. HELMS

No. 80-273.

413 So.2d 767 (1982)

UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. Susan HELMS, As Personal Representative of the Estate of Lawrence Helms, Deceased; Conerec, Inc., a Florida Corporation; Stresscon International, Inc., a Florida Corporation; & Tripp Crane Service, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 18, 1982.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Edward A. Perse, Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs, Miami, for appellant.

Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel D. Eaton, Spence, Payne, Masington & Grossman, Lane, Mitchell & Harris and C. Robert Murray, Jr., Miami, for appellees.

Before SCHWARTZ and NESBITT, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


NESBITT, Judge.

The main issue on appeal is whether the activities engaged in by the insured constituted unloading, for which coverage is excluded; or whether the insured's activity constituted erection and placement, for which there would be coverage. The trial court found for the insured and we affirm.

The judgment appealed from was rendered upon the stipulation of facts which, in part, provides:

This accident occurred on August 25, 1977 at approximately...

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