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ELLMAN v. OCCIDENTAL FIRE AND CASUALTY COMPANY OF NORTH CAROLINA

No. 99-0726.

763 So.2d 1133 (1999)

Shelley ELLMAN, Appellant, v. OCCIDENTAL FIRE AND CASUALTY COMPANY OF NORTH CAROLINA, Appellee.

District Court of Appeal of Florida, Fourth District.

December 29, 1999.

Attorney(s) appearing for the Case

John W. Kearns, Coral Gables, for appellant.

Patrick J. Murphy and Paul D. O'Connell of Murphy & Roig, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed. The trial court properly granted summary judgment in favor of Occidental. See § 627.727(2), Fla. Stat. (1984). Occidental's policy provided only excess coverage to Appellant's husband, Donald Ellman, and USF & G, his personal automobile policy, provided primary coverage. Further, at the time he rented the automobile in question from Value Rent-A-Car, Donald Ellman explicitly rejected the opportunity to purchase primary coverage...

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