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DAIRYLAND INSURANCE COMPANY v. HUDNALL

No. 72-1085.

279 So.2d 905 (1973)

DAIRYLAND INSURANCE COMPANY, Appellant, v. Delmont HUDNALL, Appellee.

District Court of Appeal of Florida, Third District.

June 26, 1973.

Attorney(s) appearing for the Case

Walsh, Dolan & Krupnick and Edmund C. Sciarretti, Ft. Lauderdale, for appellant.

Spencer & Taylor, Talburt, Kubicki, Vogler & Carhart, Miami, for appellee.

Before CHARLES CARROLL and HENDRY, JJ., and McCAIN, DAVID L., Associate Judge.

CARROLL, Judge.

A claim of the appellee Delmont Hudnall for damages for personal injuries caused by an uninsured motorist, was arbitrated with his insurer Dairyland Insurance Company, as contracted for in the policy. The arbitration award was in favor of the insurer. In the award it was recited the arbitrators found the uninsured motorist guilty of gross negligence and found the claimant (passenger) guilty of "contributory negligence and assumption of risk."

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