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PARKANSKY v. OLD KEY LARGO, INC.

No. 88-1583.

546 So.2d 1143 (1989)

David PARKANSKY, Appellant, v. OLD KEY LARGO, INC. and St. Paul Fire and Marine Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

July 25, 1989.

Attorney(s) appearing for the Case

Steven E.M. Hartz, Miami, for appellant.

Kubicki, Bradley, Draper, Gallagher & McGrane and Betsy E. Gallagher and Daniel Draper, Miami, for appellee St. Paul Fire and Marine Ins. Co.

No appearance for Old Key Largo, Inc.

Before HUBBART, FERGUSON and COPE, JJ.

FERGUSON, Judge.

St. Paul Fire and Marine Insurance Company filed an action against its insured, Old Key Largo, Inc., and David Parkansky, seeking a declaratory judgment that Parkansky was a tavern employee of Old Key Largo acting within the scope of employment when injured and thus excluded from coverage under the terms of its general liability policy. The jury returned a verdict for the insurer. We reverse and remand for a new trial.

By a pretrial motion...

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