Industrial Fire & Casualty Insurance v. Braddy

District Court of Appeal of Florida

Industrial Fire & Casualty Insurance v. Braddy

363 So. 2d 399, 1978 Fla. App. LEXIS 16471

CourtDistrict Court of Appeal of Florida

DecidedOctober 18, 1978

DocketNo. 77-1594

StatusPublished

This text of 363 So. 2d 399 (Industrial Fire & Casualty Insurance v. Braddy) 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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Industrial Fire & Casualty Insurance v. Braddy, 363 So. 2d 399, 1978 Fla. App. LEXIS 16471 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

Upon consideration of the record and briefs of counsel for the respective parties, we determine the trial court erred in awarding to appellee $5,000 in personal injury protection (P.I.P.) insurance benefits from appellant after appellee had already collected $5,000 in P.I.P. benefits from another insurance company. Section 627.-736(4)(e), Fla.Stat.; State Farm Mutual Automobile Insurance Co. v. Kilbreath, 362 So.2d 474 (Fla. 4th DCA 1978).

Accordingly, the judgment of the trial court is reversed.

CROSS and BERANEK, JJ., and SCHWARTZ, ALAN R., Associate Judge, concur.

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PER CURIAM.

Upon consideration of the record and briefs of counsel for the respective parties, we determine the trial court erred in awarding to appellee $5,000 in personal injury protection (P.I.P.) insurance benefits from appellant after appellee had already collected $5,000 in P.I.P. benefits from another insurance company. Section 627.-736(4)(e), Fla.Stat.; State Farm Mutual Automobile Insurance Co. v. Kilbreath, 362 So.2d 474 (Fla. 4th DCA 1978).

Accordingly, the judgment of the trial court is reversed.

CROSS and BERANEK, JJ., and SCHWARTZ, ALAN R., Associate Judge, concur.

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363 So. 2d 399, 1978 Fla. App. LEXIS 16471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/industrial-fire-casualty-insurance-v-braddy-fladistctapp-1978.

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