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HEREDIA v. ALLSTATE INS. CO.

No. 76-833.

346 So.2d 1230 (1977)

Marie L. HEREDIA, Individually, Marie L. Heredia, As the Natural Mother and Next Friend of Emil C. Heredia, a Minor, and Marie L. Heredia, Individually, and As the Natural Mother and Next Friend of Emil C. Heredia, a Minor, and On Behalf of All Other Florida Residents Who Are Similarly Situated, Appellants, v. ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Appellee.

District Court of Appeal of Florida, Third District.

June 14, 1977.

Attorney(s) appearing for the Case

Milton Kelner, Miami, for appellants.

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

Before PEARSON and BARKDULL, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

The minor plaintiff was a pedestrian. He was injured when he was struck by a panel truck used primarily in the business of its corporate owner. A complaint was filed claiming personal injury protection benefits under the automobile insurance policy of the plaintiff's mother, under the terms of which the minor was an additional insured. Defendant Allstate Insurance Company moved to dismiss the complaint upon the ground that the allegations clearly showed...

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