FLA. INS. GUARANTY ASS'N, INC. v. EBERHART

No. 77-1451.

354 So.2d 1265 (1978)

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellant, v. Harvey EBERHART, Appellee.

District Court of Appeal of Florida, Third District.

February 14, 1978.


Attorney(s) appearing for the Case

Preddy, Kutner & Hardy and Howard K. Cherna, Miami, for appellant.

Horton, Perse & Ginsberg, George P. Telepas, Miami, for appellee.

Before NATHAN, HUBBART and KEHOE, JJ.


PER CURIAM.

This appeal questions the correctness of an order granting the plaintiff's motion for summary judgment and ordering the parties to proceed to arbitration on plaintiff's uninsured motorist claim. The first point raised is that there were issues of fact regarding whether the plaintiff gave proper notice of the accident. The record reflects that the defense of notice was not raised by the pleadings and was not placed at issue before the trial court. Fla.R...

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