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MIDWEST MUTUAL INSURANCE COMPANY v. BRASECKER

No. 74-1588.

311 So.2d 817 (1975)

MIDWEST MUTUAL INSURANCE COMPANY, Appellant, v. Claude BRASECKER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 16, 1975.

Attorney(s) appearing for the Case

Blackwell, Walker, Gray, Powers, Flick & Hoehl and Mark Hicks, Miami, for appellant.

Horton, Perse & Ginsberg, Welsh & Carroll, Miami, for appellee.

Before BARKDULL, C.J., NATHAN, J., and CHARLES CARROLL (Ret.), Associate Judge.

CHARLES CARROLL, Associate Judge.

The appellee Claude Brasecker filed this action against Midwest Mutual Insurance Company (insurer) to compel arbitration of his claim for injuries alleged to have been negligently caused by an uninsured motorist.

The motor vehicle liability indemnity policy which had been issued by Midwest (a copy of which was attached to the complaint) included uninsured motorist coverage. Following plaintiff's injury the insurer had denied...

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