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FIRST STATE INS. CO. v. STUBBS

No. 80-1621.

418 So.2d 1114 (1982)

FIRST STATE INSURANCE COMPANY, Appellant, v. Daniel STUBBS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied September 21, 1982.

Attorney(s) appearing for the Case

Marilyn Pardo Liroff, of Weaver & Weaver, P.A., Fort Lauderdale, for appellant.

Richard A. Barnett, Hollywood, and Jon E. Krupnick, of Krupnick & Campbell, P.A., Fort Lauderdale, for appellee.

HURLEY, Judge.

First State Insurance Company (First State) appeals a summary judgment finding that it, as an excess liability carrier, is liable to provide underinsured motorist coverage for appellee Daniel Stubbs. We affirm in part and reverse in part.

Daniel Stubbs was employed by the Broward County Sheriff's office. While engaged in activities within the scope of his employment, he was seriously injured in an auto accident. The driver of the other automobile...

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