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Sturiano v. Brooks
Florida Supreme Court
523 So. 2d 1126 (1988)
Vito and Josephine Sturiano (plaintiff), who were long-time residents of New York, purchased automobile insurance in New York. Subsequently and unknown to the insurance company, the Sturianos began living in Florida each year for the winter months. At some point, there was a car accident in Florida during which Vito died and Josephine was injured. Josephine filed suit against Vito’s estate (defendant), alleging Vito’s negligence. A legal question arose regarding whether the insurance policy covered claims between spouses. The law of New York differed from the law of Florida on this point. Josephine prevailed at trial, and Vito’s estate appealed to the intermediate appellate court. The Florida Supreme Court accepted a certified question regarding whether the law of the state where the contract was executed should apply.
Rule of Law
Holding and Reasoning (Kogan, J.)
Concurrence (Grimes, J.)
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