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standing while he Was driving out of the airport down to
or I guess in this case up the highway until hs found-hie
vehicle. So~that contract would be in full force and -
standing if there had been an accident on the highway from
Miami to Gainesville, if that's the statement of facts.
- Now, when he got to Gainesville and he attached that
vehicle creates, another problem, which I'm not going to
decide because I don't have to. Because I think the policy
here in Subparagraph I says to the rentee, "While such
automobile ie used or operated in violation of the te~cros and
.-•conditions of the rental agreement under which said automobile
is rented." So when he attached that vehicle, then the
policy ceased to be in full force and effect. Okay? That's
going to be my ruling. -
Naw, backup dust a little bit, or on this other subject
of Florida Statute 627.7263. Really, I don't have to say
t
this, but it struck me and it's gone by both of you. The
f _ i
~ statute says here
MR. VARNER: We haven't argued that. !
THE COURTz Oh, okay. ,Tell, anyway, it's not
going to make any difference, but I vent to point • this out ~ • - s-
to you.
Int. HOLTON: Okay, sure .
THE COURT: I want to point this out to you.
It's interesting that the agreement says down here underneath
his signature, Florida Statute 627.7263 provides that the
E -
rental customer's automobile liability, personal injury
insurance shall be primary. But you go down here to the
actual statute, Subsection, Paragraph 2, says "Each
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