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HERITAGE MUT. INS. v. STATE FARM MUT.

No. 94-3539.

657 So.2d 925 (1995)

HERITAGE MUTUAL INSURANCE CO., a corporation, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation; First Baptist Church of Oceanway, an unincorporated association; William N. Brown and Marie Brown, his wife, individually and as parents and natural guardians of William Michael Brown, a Minor, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 7, 1995.

Attorney(s) appearing for the Case

David M. Wiesenfeld of Dawson, Galant, Sulik & Wiesenfeld, Jacksonville, for appellant.

Jack W. Shaw, Jr., J. Stephen O'Hara, Jr., and James F. Waters of Osborne, McNatt, Shaw, O'Hara, Brown & Obringer, P.A., Jacksonville, for appellee State Farm Mut. Auto. Ins. Co.

WEBSTER, Judge.

Appellant (Heritage) seeks review of an adverse summary judgment entered in a declaratory judgment action brought to determine whether it or appellee State Farm had primary coverage for injuries received by a child while a passenger in a van owned by their insured, appellee First Baptist Church of Oceanway. We are persuaded that the injuries resulted from an accident "arising out of the ownership, maintenance or use of" the van and that, therefore...

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