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UNIVERSAL UNDERWRITERS INS. COMPANY v. FALLARO

No. 91-1442.

597 So.2d 818 (1992)

UNIVERSAL UNDERWRITERS INSURANCE COMPANY, a foreign corporation, Appellant, v. David FALLARO and Carol Fallaro, his wife; Bernard Baptiste, a/k/a Pirre James, Appellees.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing April 7, 1992.

Attorney(s) appearing for the Case

Magill & Lewis, and R. Fred Lewis, Miami, for appellant.

Ralph P. Ezzo, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.

PER CURIAM.

Appellant, Universal Underwriters Insurance Company (Universal), appeals a final judgment finding liability. We reverse.

Appellee, David Fallaro (Fallaro), a salesman at Powell Ford, and appellee, Bernard Baptiste (Baptiste), a prospective customer, took a car for a test drive. A warning light appeared in the car and Baptiste, the driver, stopped the car. As Fallaro exited the car's passenger side to...

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