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SCHWARTZ v. HUGHEY

No. 73-176.

292 So.2d 43 (1974)

Merrill SCHWARTZ, Appellant, v. John A. HUGHEY et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied April 16, 1974.

Rehearings Denied April 16, 1974.

Attorney(s) appearing for the Case

Rober Orseck of Podhurst Orseck & Parks, Miami, and Terrell Griffin of Law Offices of Russell Troutman, Winter Park, for appellant.

Raymond Ehrlich and Marion R. Shepard of Mathews Osborne Ehrlich McNatt Gobelman & Cobb, Jacksonville, and Howell Kirby Montgomery D'Aiuto Dean & Hallowes, Orlando, for appellee-Liberty Mutual Ins. Co.

MAGER, Judge.

This appeal involves the interpretation of Section 627.736(3)(a) and Section 627.736(3)(b), Florida Statutes, F.S.A. and the applicability of the equitable distribution doctrine as it relates to reimbursement rights of the insurer for personal injury protection benefits paid to an insured under the no-fault insurance law. The precise question was answered in Reyes v. Banks, 292 So.2d 39, Fourth District Court of Appeal...

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