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SECURITY INS. CO. v. HOWGATE

Nos. 76-231, 76-279.

343 So.2d 641 (1977)

SECURITY INSURANCE COMPANY, a Foreign Corporation, Appellant, v. Marion HOWGATE and State Farm Mutual Automobile Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 28, 1977.

Attorney(s) appearing for the Case

Pyszka, Kessler, Adams & Solomon, Richard M. Gale, for appellant.

Brumer, Moss, Cohen & Rodgers and Burt E. Redlus, Talburt, Kubicki & Bradley and Dan Draper, Jr., Miami, for appellees.

Before HENDRY, C.J., NATHAN, J., and DREW, E. HARRIS (Ret.), Associate Judge.

NATHAN, Judge.

In this action for declaratory relief, defendant Security Insurance Company takes these consolidated appeals from an adverse order granting summary judgment, and an order awarding attorneys fees. We are here concerned with the question of recovery of no-fault personal injury protection benefits by a non-resident passenger from the liability carrier of a resident owner when the non-resident passenger had a current automobile insurance policy (providing...

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