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

No. 83-1638.

447 So.2d 945 (1984)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Juan YANES, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 25, 1984.


Attorney(s) appearing for the Case

Talburt, Kubicki & Bradley and Betsy E. Hartley and Gail L. Kniskern, Miami, for appellant.

Gerald E. Rosser, Miami, for appellee.

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


NESBITT, Judge.

Yanes was the operator of a delivery van owned by his employer. In the course of his employment, he parked the vehicle in a space adjacent to the company's warehouse, got off the truck, unloaded a package and was crossing the street when he was struck by an uninsured motor vehicle. It was upon these salient facts that he prevailed in an action for declaratory judgment against the State Farm policy issued to his employer. We reverse.

The policy...

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