SMITH v. AUTO OWNERS INS. CO.

No. 84-73.

462 So.2d 599 (1985)

Herman F. SMITH and Myrtle A. Smith, His Wife, Appellants, v. AUTO OWNERS INSURANCE CO., a Foreign Corporation Authorized to Do Business in the State of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 24, 1985.


Attorney(s) appearing for the Case

William N. Asma of Ralph W. Hadley, III, P.A., Winter Garden, for appellants.

H. David Luff of Sanders, McEwan, Mims & McDonald, Orlando, for appellee.


COBB, Chief Judge.

The trial court herein granted a summary judgment in favor of a surety, Auto Owners Insurance Co., which had issued a license and permit bond to protect retail customers dealing with a mobile home dealer, Florida Investors Unlimited, Inc. (FIU), and against the purchasers of a mobile home, the Smiths. The basis for the judgment excluding coverage was that the surety's principal (FIU) was permitted under its license certificate to conduct business...

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