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FREEBURG ENTERPRISES, INC. v. TRANSP. CAS. INS.

No. 2D07-3554.

993 So.2d 1104 (2008)

FREEBURG ENTERPRISES, INC., Appellant, v. TRANSPORTATION CASUALTY INSURANCE CO., n/k/a AequiCap Insurance Co.; Ryan Dalby; Dale Locke; Chavez Auto Transport, Inc.; and Edvardo Macias-Castan, Appellees.

District Court of Appeal of Florida, Second District.

October 8, 2008.

Attorney(s) appearing for the Case

Charles M. Schropp and Charles P. Schropp of Schropp Law Firm, P.A., Tampa, and James M. Dowling of Berger & Dowling, P.A., Palm Harbor, for Appellant.

Daniel A. Martinez of Callahan Martinez L.L.C., St. Petersburg, for Appellee Transportation Casualty Insurance Co.

No appearance for Appellees Ryan Dalby, Dale Locke, Chavez Auto Transport, Inc., and Edvardo Macias-Castan.

NORTHCUTT, Chief Judge.

Transportation Casualty Insurance Company (TCI) sought a judgment declaring that it was not obligated to provide coverage after an accident involving a driver for its insured, Freeburg Enterprises, Inc. Following a bench trial, the court ruled in TCI's favor. It determined that there was no coverage because Freeburg failed to have its employee approved by TCI before allowing him to drive. We reverse the judgment in part because Freeburg's failure...

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