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NATIONAL BEN FRANKLIN INS. CO. v. VALDES

Nos. 46734-46737.

341 So.2d 975 (1976)

NATIONAL BEN FRANKLIN INSURANCE COMPANY, Petitioner, v. Miguel VALDES, Sr., As Father of Miguel Valdes, Jr., Deceased, and Samuel S. Smith, As Administrator of the Estate of Miguel Valdes, Jr., Deceased, Respondents. Peter SMALLEY, a Minor, by and through His Father, Next Friend and Natural Guardian, H. Earl Smalley, and H. Earl Smalley, Individually, Petitioners, v. Miguel VALDES, Sr., As Father of Miguel Valdes, Jr., Deceased, and Samuel S. Smith, As Administrator of the Estate of Miguel Valdes, Jr., Deceased, Respondents. RESERVE INSURANCE COMPANY, Petitioner, v. Miguel VALDES, Sr., As Father of Miguel Valdes, Jr., Deceased, and Samuel S. Smith, As Administrator of the Estate of Miguel Valdes, Jr., Deceased, Respondents. MILLERS CASUALTY COMPANY OF TEXAS, Petitioner, v. Miguel VALDES, Sr., As Father of Miguel Valdes, Jr., Deceased, and Samuel S. Smith, As Administrator of the Estate of Miguel Valdes, Jr., Deceased, Respondents.

Supreme Court of Florida.

Rehearings Denied February 21, 1977.

Attorney(s) appearing for the Case

A. Dan Killian, Jr. and Tully Scott of Corlett, Merritt, Killian & Sikes, Miami, for National Ben Franklin Ins. Co.

Arnold I. Levy of Papy, Levy, Carruthers & Poole, Coral Gables, for Peter Smalley.

L. Norton Preddy, Charles B. Patrick and Michael J. Parenti, III, of Preddy, Haddad, Kutner, Hardy & Josephs, Miami, for Reserve Insurance Co.

Jonathon P. Lynn of Stephens, Thornton & Schwartz, Miami, for Millers Casualty Co. of Texas.

Joe N. Unger, and Wolfson, Diamond & Logan, Miami Beach, for respondents.

OVERTON, Chief Justice.

These causes are before us on petitions for writs of certiorari to review a decision of the Third District Court of Appeal reported at 303 So.2d 342 (Fla. 3d DCA 1974). The issue relates to a provision of insurance coverage by auto liability carriers and driver liability in an unusual factual situation.

The facts presented at summary judgment hearings are...

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