ATKINSON v. DOLLAR RENT-A-CAR, INC.

No. 86-2149.

525 So.2d 976 (1988)

Alan B. ATKINSON, Individually, and As Spouse, Next of Kin and Personal Representative of the Estate of Adrienne C. Atkinson, Deceased, Appellant, v. DOLLAR RENT-A-CAR, INC., and American Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 23, 1988.


Attorney(s) appearing for the Case

Robert M. Sussman, Cooper, Wolfe & Bolotin and Joan M. Bolotin and Marc Cooper, Miami, for appellant.

Corlett, Killian, Hardeman, McIntosh & Levi and Richard J. Suarez, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.


HENDRY, Judge.

The negligence for which Alan Atkinson claimed Dollar Rent-a-Car was liable was not a covered "occurrence" under Dollar's comprehensive general liability policy with American Insurance Company. Dollar's American policy, furthermore, specifically excluded coverage for bodily injury "arising out of" the use of an automobile owned by Dollar. Thus, the final summary judgment in favor of American was properly entered by the trial court.

Alan Atkinson...

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