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HomeMy WebLinkAbout0453 • . . 36~4148 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR ST. LUCIE COUNTY CIVIL ACTION CASE NO. 76-1097-CA WILLIAM O. BOSWORTH, ) ) Plaintiff, ~ ) ) vs. ) ~ _ ) TERRY E. WIGGAM and MARIE ) O R D E R McNEAL TUCHOLSKI WIGGAM, his ) wife, and STATE FARM MUTUAL ) AUTOMOBILE IR'SURANCE COMPANY, ) ) Defendants. ) ~ - This matter came on for hearing this 12th day of April, 1977, on the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S, Motion to Sever. By its Motion, said Defendant seeks an Order severing the insurance coverage dispute as set out in its Affirmative Defenses from the issues involved on the Plaintiff's injury claim, including issues of negligence and damages. For the record, the Court notes appearances by counsel for STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, counsel for WILLIAM O. BOSWORTH, and the individual Defendants, TERRY E. WIGGAM and MARIE McNEAL TUCHOLSKI WIGGAM appeared on their ~ ~ own behalf. At the hearing, counsel for STATE FARM MUTUAL AUTOMOBILE ~ ~ INSURANCE COMPANY filed a Motion ore tenus to have a final adjudication ~ r by the Court on the issue of coverage prior to trial on the Plaintiff's injury claim. After hearing the arguments presented, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED as follows: 1. The Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S, Motion to Sever is hereby granted. 2. Ore tenus Motion filed by the Defendant, STATE FARM ~ MUTUAL AUTOMOBILE INSURANCE COMPANY, to have the issue of coverage ; i resolved prior to the trial on Plaintiff's claim for injuries is ~ hereby granted. ~ ~ The Court hereby orders separate trials on these issues, ~ ; ~oacz~ f~