MERCURY INS. CO. v. CHARLIE'S TREE SERVICE

No. 4D09-3192.

29 So.3d 375 (2010)

MERCURY INSURANCE COMPANY OF FLORIDA, Appellant, v. CHARLIE'S TREE SERVICE, INC., Scott Rosen, as Personal Representative of the Estate of Elias Caballero, Valentin Bautista-Bautista, Minerva Bautista Aleman, his wife, Juan Victorino Cordoso, and Big Lake Roofing Enterprises, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 1, 2010.


Attorney(s) appearing for the Case

Elizabeth K. Russo of Russo Appellate Firm, P.A., Miami, and Butler, Pappas, Weihmuller, Katz, Craig, LLP, Tallahassee, for appellant.

Keith E. Hope of The Hope Law Firm, P.A., Gulfport, for appellee Scott Rosen, as Personal Representative of the Estate of Elias Caballero.

Susan W. Fox of Fox & Loquasto, P.A., Tampa, and Brent L. Probinsky, P.A., Sarasota, for appellees, Valentin Bautista-Bautista and Minerva Bautista Aleman, his wife.


GROSS, C.J.

Because a policy exclusion applies, we reverse a final declaratory judgment finding that insurance coverage exists for a lawsuit arising out of an automobile accident.

Valentin Bautista-Bautista and Elias Caballero were employees of Charlie's Tree Service, Inc. While both were on the job, Caballero was driving a company truck in which Bautista was a passenger. The truck was in an accident that killed Caballero and injured Bautista.

Bautista...

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