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TRES v. ROYAL SURPLUS LINES INS. CO.

No. 97-292.

705 So.2d 643 (1998)

Martha TRES, as Personal Representative of the Estate of Julio R. Paula, deceased, Appellant, v. ROYAL SURPLUS LINES INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

January 21, 1998.

Attorney(s) appearing for the Case

Grossman & Roth; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel D. Eaton, Miami, for appellant.

Rumberg, Kirk & Caldwell and John Bond Atkinson and David J. Pyper, Miami, for appellee.

Before GERSTEN, FLETCHER and SHEVIN, JJ.

FLETCHER, Judge.

Martha Tres, in her capacity as personal representative of the estate of Julio R. Paula, appeals a summary judgment entered in favor of Royal Surplus Lines Insurance Company [Royal]. We affirm.

Julio R. Paula died as the result of an accident which occurred while he was operating a vehicle owned or otherwise in the control of Con-Struct Erectors, Inc. [Con-Struct]. The primary insurance policy (issued by Home Insurance Co.) on the vehicle...

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