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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. GORDON

No. X-159.

319 So.2d 36 (1975)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Fred E. GORDON and Juanita B. Gordon, His Wife, Appellees.

District Court of Appeal of Florida, First District.

September 9, 1975.

Attorney(s) appearing for the Case

Richard S. Graham, of Landis, Graham, French, Husfeld, Sherman & Ford, Daytona Beach, and Dale O. Morgan, Orlando, for appellant.

Wesley A. Fink, of Fink & Loucks, Daytona Beach, for appellees.

BOYER, Chief Judge.

The primary issue presented by this appeal appears to be one of first impression. The briefs of the parties cite no "red cow" precedent nor does our independent research reveal any. That point is whether "equitable distribution"1 is applicable to a subrogated claim arising as a result of an insurance carrier paying to its insured benefits under the medical pay provision of its policy of automobile liability insurance...

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