Aetna Casualty & Surety Co. v. Langel

District Court of Appeal of Florida

Aetna Casualty & Surety Co. v. Langel

545 So. 2d 466, 14 Fla. L. Weekly 1501, 1989 Fla. App. LEXIS 3525, 1989 WL 65644

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 1989

DocketNo. 88-0411

StatusPublished

Cited by2 cases

This text of 545 So. 2d 466 (Aetna Casualty & Surety Co. v. Langel) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aetna Casualty & Surety Co. v. Langel, 545 So. 2d 466, 14 Fla. L. Weekly 1501, 1989 Fla. App. LEXIS 3525, 1989 WL 65644 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The only point raised herein which we find to have merit is appellant’s second point. Regardless of the available insurance coverage, an accident victim is not entitled to be compensated twice for his damage award. See Government Employees Insurance Company v. Brewton, 538 So.2d 1375 (Fla. 4th DCA 1989). Accordingly, we affirm in all other respects but remand, pursuant to Hamm v. City of Milton, 358 So.2d 121 (Fla. 1st DCA 1978), for an evidentiary hearing on the amount of collateral source benefits previously paid to appellees and for entry of an amended final judgment which reflects the set-off as determined by said hearing.

LETTS and GLICKSTEIN, JJ., and SNYDER, ARTHUR I., Associate Judge, concur.

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PER CURIAM.

The only point raised herein which we find to have merit is appellant’s second point. Regardless of the available insurance coverage, an accident victim is not entitled to be compensated twice for his damage award. See Government Employees Insurance Company v. Brewton, 538 So.2d 1375 (Fla. 4th DCA 1989). Accordingly, we affirm in all other respects but remand, pursuant to Hamm v. City of Milton, 358 So.2d 121 (Fla. 1st DCA 1978), for an evidentiary hearing on the amount of collateral source benefits previously paid to appellees and for entry of an amended final judgment which reflects the set-off as determined by said hearing.

LETTS and GLICKSTEIN, JJ., and SNYDER, ARTHUR I., Associate Judge, concur.

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545 So. 2d 466, 14 Fla. L. Weekly 1501, 1989 Fla. App. LEXIS 3525, 1989 WL 65644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aetna-casualty-surety-co-v-langel-fladistctapp-1989.

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