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PENARANDA v. PROGRESSIVE AMERICAN INS.

No. 98-03032.

747 So.2d 953 (1999)

Carlo T. PENARANDA, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 16, 1999.

Attorney(s) appearing for the Case

Dov Sussman of Sussman Law Group, P.A., Fort Myers, for Appellant.

Dianne M. Dokecki of Troy & Yeslow, P.A., Fort Myers, for Appellee.

PER CURIAM.

The insured, Carlo T. Penaranda (Penaranda), appeals the declaratory judgment in which the trial court allowed the insurer, Progressive American Insurance Company (Progressive), to rescind its automobile insurance policy upon a determination that the local agency, Oswald, Trippe & Company (Oswald Trippe), was the agent of Penaranda and not an agent of Progressive. Although we conclude that the trial court incorrectly applied the law of agency to this...

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