CHAPPELEAR v. ALLSTATE INS. CO.

No. CC-465.

347 So.2d 477 (1977)

Paul CHAPPELEAR and His Wife, Irene Chappelear, Appellants, v. ALLSTATE INSURANCE COMPANY, a Foreign Corporation Authorized to Do Business within the State of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 30, 1977.


Attorney(s) appearing for the Case

Daniel L. Hightower of Green, Simmons, Green & Hightower, P.A., Ocala, for appellants.

J. Christian Meffert of Ayres, Cluster, Curry, Meffert & McCall, P.A., Ocala, for appellee.


SMITH, Judge.

Plaintiff appeals from a circuit court judgment dismissing his action against Allstate for automobile personal injury protection benefits exceeding $5,000. Appellant was named insured of a single Allstate policy covering appellant's two automobiles, one of which appellant was driving when injured in an accident.

Section 627.736(2), Florida Statutes (1975) provides, in respect to personal injury protection benefits, that an insurer may exclude...

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