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COMEAU v. SAFECO INS. CO. OF AMERICA

No. CC-147.

342 So.2d 1085 (1977)

George COMEAU, Appellant (Plaintiff), v. SAFECO INSURANCE COMPANY OF AMERICA, Appellee (Defendant).

District Court of Appeal of Florida, First District.

March 3, 1977.

Attorney(s) appearing for the Case

Hal S. Castillo, of Blalock, Holbrook, Lewis, Paul & Isaac, Jacksonville, for appellant.

Henry H. Graham, Jr. and Richard M. Hart, Jr., of Howell, Howell, Liles & Braddock, Jacksonville, for appellee.

MILLS, Judge.

By this appeal, we are called upon to construe a part of the Florida Automobile Reparations Act, subsection (4) of Section 627.736, Florida Statutes (1975), which provides that personal injury protection benefits shall be primary, "except that benefits received under any workmen's compensation law shall be credited against the benefits provided by subsection (1)". Subsection (1) limits the benefits to $5,000.00.

Comeau contends that subsection...

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