ELLIS v. CONTINENTAL CAS. INS. CO., 381 So.2d 1095 (Fla.App. 1 Dist. 1979)

JOHN ELLIS AND MARJORIE ELLIS, HUSBAND AND WIFE, APPELLANTS, v. CONTINENTAL CASUALTY INSURANCE CO. AND ALLSTATE INSURANCE CO., APPELLEES.

No. NN-324.District Court of Appeal of Florida, First District.
October 19, 1979.

Appeal from Circuit Court, Escambia County; William H. Anderson, Judge.

Robert J. Mayes of Levin, Warfield, Middlebrooks, Magie, Rosenbloum Magie, Pensacola, for appellants.

Russell R. Stewart, Panama City, for appellees.

PER CURIAM.

AFFIRMED. GEICO v. Taylor, 342 So.2d 547 (Fla. 1st DCA 1977) Main Insurance Company v. Wiggins, 349 So.2d 683 (Fla. 1st DCA 1977).

We note our decision is also in accord with Travelers Insurance Company v. Pac, 337 So.2d 397 (Fla. 2d DCA 1976) an Hartford Accident and Indemnity Company v. Richendollar, 368 So.2d 603
(Fla. 2d DCA 1979). The Third DCA has held to the contrary. United States Fidelity and Guaranty Company v. Curry, 371 So.2d 677 (Fla. 3d DCA 1979).

Page 1096

We believe that Travelers Insurance Company v. Pac, supra an GEICO v. Taylor, supra represent the better view and decline to recede from our prior ruling.

MILLS, C.J., and McCORD and ERVIN, JJ., concur.