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ALLSTATE INS. CO. v. THOMAS

No. 94-3372.

668 So.2d 1038 (1996)

ALLSTATE INSURANCE COMPANY, Appellant, v. Vera Mae THOMAS, as Personal Representative of the Estate of Benny Charles Thomas, Jr., Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing, Clarification and Certification Denied March 21, 1996.

Attorney(s) appearing for the Case

Mai-Ling Castillo and R. Wade Adams of the Law Office of Adams & Adams, Miami, for appellant.

Paul Jacobs of Weiss, Jacobs & Straus, P.A., Boca Raton, for appellee.

Rehearing, Rehearing En Banc, Clarification and Certification Denied March 21, 1996.

KLEIN, Judge.

Allstate appeals a judgment declaring that the decedent had uninsured motorist coverage under a policy insuring a truck in which he had been a passenger shortly before he was struck and killed by another motorist. We conclude that the decedent, who was unloading a nearby vehicle at the time of the accident, was not "occupying" the insured truck, and was therefore...

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