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DOE v. MacNITT

No. 95-211.

668 So.2d 1118 (1996)

John DOE, as Personal Representative of the Estate of Robert S. Matthews, deceased, and State Farm Mutual Automobile Insurance Company, Appellants/Cross-Appellees, v. Robin W. MacNITT, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

March 8, 1996.

Attorney(s) appearing for the Case

David H. Simmons, Elizabeth G. Stevens and Dale T. Gobel of Drage, deBeaubien, Knight, Simmons, Romano & Neal, Orlando, for Appellants/Cross-Appellees.

R. David Ayers, Jr. of Law Offices of R. David Ayers, Jr., P.A., Winter Park, for Appellee/Cross-Appellant.

COBB, Judge.

This appeal concerns a determination of insurance coverage in regard to a single vehicle accident. MacNitt was a passenger in a 1988 Jeep Comanche truck jointly-owned by her and her boyfriend, Matthews, with whom she lived. Matthews was driving the Jeep when it went off the road, rolled over, and collided with a tree. Matthews was killed and MacNitt was injured.

MacNitt sued the Estate of Matthews and, by stipulation, the coverage issues were...

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