American States Ins. Co. v. Allstate Ins. Co.

484 So.2d 1363 (1986)

AMERICAN STATES INSURANCE COMPANY, Appellant,

v.

ALLSTATE INSURANCE COMPANY, Appellee.

No. 85-681.

District Court of Appeal of Florida, Fifth District.

March 13, 1986.

Charles J. Condon, Orlando, for appellant.

Timothy E. De Palma, of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Orlando, for appellee.

ORFINGER, Judge.

When a dog which is riding in the back of a pickup truck bites a passenger who has just exited from it, does the injury to the passenger arise "out of the use, operation or maintenance" of the truck? The trial court held that under the facts of this case it did…