SENA v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 73-1392.

305 So.2d 243 (1974)

Carmen Marimon SENA et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

December 10, 1974.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Rabin, Sasson & Ratiner, Miami, for appellants.

Kuvin, Klingensmith & Coon and R. Fred Lewis, Coconut Grove, for appellee.

Before PEARSON and NATHAN, JJ., and GREEN, ROBERT A., Jr., Associate Judge.


NATHAN, Judge.

The plaintiffs appeal an adverse summary final judgment in favor of the defendant.

We find the decisive issue in the case to be whether an insured is entitled to uninsured motorist benefits under his insurance policy, when he has entered into a settlement with, and executes a release in favor of a person who may be liable for the insured's injuries, in violation of the terms of the policy including the insured's right of subrogation. Florida...

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