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ALLSTATE INSURANCE COMPANY v. RUIZ

No. 73-1256.

305 So.2d 275 (1974)

ALLSTATE INSURANCE COMPANY et al., Appellants, v. Jose Manuel RUIZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 22, 1975.

Attorney(s) appearing for the Case

Talburt, Kubicki & Bradley and Robert J. Dickman, Miami, for appellant.

William F. Sullivan, IV, Miami, for appellee.

Before PEARSON, HENDRY and NATHAN, JJ.

PEARSON, Judge.

The central issue on this appeal is whether the question of plaintiff's being barred from a tort action by the provisions of the Automobile Reparations Reform Act is a question for the court or a question for submission to the jury. The appellant has raised as a defense the claimed failure of the plaintiff to qualify under the act for a tort suit. The trial court initially determined the question as a matter...

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