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CENTRAL MUTUAL INS. CO. v. ELLIOTT

No. DD-337.

347 So.2d 812 (1977)

CENTRAL MUTUAL INSURANCE COMPANY, an Insurance Corporation, Appellant, v. William Thomas ELLIOTT and Ollie Mae Elliott, His Wife, Continental Consolidating Corporation, a Corporation, Southern Railway Co., a Corporation, and Seaboard Coast Line Railroad Company, a Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 29, 1977.

Attorney(s) appearing for the Case

William M. Howell, Howell, Howell, Liles & Braddock, Jacksonville, for appellant.

Carl D. Dawson, Dawson, Galant, Maddox, Sulik & Nichols, and George L. Hudspeth, Mahoney, Hadlow & Adams, Jacksonville, for appellees.

RAWLS, Acting Chief Judge.

This interlocutory appeal presents the following question: Is a boxcar a vehicle as used in an exclusionary provision in an insurance policy? Finding that the use of the word "vehicle" in the exclusionary provision created an ambiguity, the trial court held that a railroad boxcar was not a vehicle. We disagree.

Continental Consolidating Corporation (Continental) loaded a cargo of furniture packed in cardboard cartons in a boxcar...

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