MALSCHICK v. GENERAL ACCIDENT GROUP

No. 68-245.

214 So.2d 51 (1968)

Wilfred R. MALSCHICK, Appellant, v. GENERAL ACCIDENT GROUP and Oscar Giner, Appellees.

District Court of Appeal of Florida. Third District.

September 24, 1968.


Attorney(s) appearing for the Case

Franklyn Levenson and Frank F. Cosgrove, Miami, for appellant.

Williams & Jabara, Sullivan & Telepas, Cecyl L. Pickle, Miami, for appellees.

Before CHARLES CARROLL, C.J., and BARKDULL and SWANN, JJ.


PER CURIAM.

The sole point on this appeal is whether or not by entering into a "wash out" settlement, pursuant to the provisions of § 440.20(10), Fla. Stat., F.S.A., a compensation carrier is prevented from instituting a suit against a third party tort feasor pursuant to the provisions of § 440.39(2) (4) (a), Fla. Stat., F.S.A.

We hold that it is not, and the carrier may institute an independent suit for...

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