UNITED STATES OF AMERICA, APPELLEE,
v.
FIRST NATIONAL CITY BANK, APPELLANT, AND OMAR, S.A., A URUGUAYAN CORPORATION, LAZARD FRERES & CO., LEHMAN BROTHERS, BELGIAN-AMERICAN BANKING CORP., BELGIAN-AMERICAN BANK AND TRUST CO., AND FIRST NATIONAL CITY TRUST CO., DEFENDANTS
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An insurer sought to avoid coverage under its uninsured motorists clause, arguing a tort-feasor was uninsured due to a suspended license and a policy exclusion, but the court found the exclusion invalid under Florida law and public policy.
An exclusion in an automobile liability insurance policy attempting to deny coverage when the driver lacks a valid license is invalid under Florida law and public policy.
The plaintiff insurer sought to declare a limiting clause of coverage in a third-party tort-feasor's policy as not binding. This clause excluded cover…
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[*1021] PER CURIAM.
The court having sat in bane to hear the appeal, with the exception of Judge Kaufman who did not participate, and due deliberation having been had thereon, Judges Lumbard, Watermán, Moore, and Friendly vote to reverse the order of the district court for the reasons set forth in Judge Moore’s opinion reported at 321 F. 2d 14, and Judges Smith, Hays, and Marshall vote to affirm for the reasons set forth in Judge Hays’ opinion reported at 321 F. 2d 25.1 The order of the district court, reported at 210 F. Supp. 773 (1962), is accordingly reversed.
Upon application therefor, the court will grant a stay, pursuant to Rule 28(c), pending application for certiorari to the Supreme Court of the United States.
. Prior to Ms death Judge Clark had indicated his intention to vote for affirmance.