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PROTECTIVE NATL. INS. CO. OF OMAHA v. ROBERTS

No. 73-228.

287 So.2d 362 (1973)

PROTECTIVE NATIONAL INSURANCE COMPANY OF OMAHA, Appellant, v. Lavonne ROBERTS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 21, 1974.

Attorney(s) appearing for the Case

Daniel V. Ligman and Michael G. Martin, Coral Gables, Jeanne Heyward, Miami, for appellant.

Podhurst, Orseck & Parks, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.

BARKDULL, Chief Judge.

Appellant seeks review of a declaratory judgment determining that uninsured motorist benefits are excess over any collectible no-fault benefits and, therefore, the no-fault carrier has no right of indemnification or equitable distribution because of an uninsured motorist settlement made by it.

The plaintiff filed a complaint seeking a declaratory judgment against the defendant-insurer. The complaint alleged that the defendant issued...

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