UNDERWRITERS GUAR. INS. v. THERRIEN

No. 93-1129.

640 So.2d 234 (1994)

UNDERWRITERS GUARANTEE INSURANCE COMPANY, Appellant, v. Stephen THERRIEN, Appellee.

District Court of Appeal of Florida, Fourth District.

August 10, 1994.


Attorney(s) appearing for the Case

Stuart B. Yanofsky of Colodny, Fass & Talenfeld, P.A., Fort Lauderdale, for appellant.

Jared G. Anton, of Anton & Stanish, P.A., Hollywood, for appellee.


FARMER, Judge.

We reverse a declaratory judgment finding coverage in this dog bite case under the victim's motor vehicle personal injury protection [PIP] insurance policy. There was no coverage, we conclude, because the automobile was not used in but was merely the situs of the incident in which the injury occurred.

The insured was a visitor at a friend's house helping his friend to clean his friend's vehicle while the friend made some repairs on his car....

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