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STANDARD MARINE INS. CO. v. ALLYN

No. Z-174.

333 So.2d 497 (1976)

STANDARD MARINE INSURANCE COMPANY, a Corporation, Appellant, v. William E. ALLYN, Appellee.

District Court of Appeal of Florida, First District.

June 23, 1976.

Attorney(s) appearing for the Case

Jeffry D. Dunn of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for appellant.

David M. Wiesenfeld and John J. Sulik of Dawson, Galant, Maddox, Sulik & Nichols, Jacksonville, for appellee.

RAWLS, Judge.

Appellee Allyn, a pedestrian, was struck and severely injured by an uninsured Hodaka motorcycle. A claim was timely filed by Allyn with his insurer, appellant Standard, for damages pursuant to the uninsured motorist provision of his policy. Standard denied the claim. The trial judge, in the instant suit filed by Allyn, instructed the jury:

"... as a matter of law that the defendant [appellant], the Standard Marine Insurance Company, a corporation...

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