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GAINES v. INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY

No. 79-72.

378 So.2d 100 (1979)

Harry GAINES, Appellant, v. INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 18, 1980.

Attorney(s) appearing for the Case

Alfred D. Bieley, Miami, for appellant.

Goodhart & Rosner, Miami, Broad & Cassel and Patricia Lebow, Bay Harbor, for appellee.

Before HENDRY, HUBBART and NESBITT, JJ.

HENDRY, Judge.

This appeal arises out of a derivative claim filed in 1977 by appellant; the trial court dismissed the complaint. The record reflects that appellant's wife received an arbitration award in the amount of Six Thousand, Five Hundred Dollars ($6,500.00) in 1976 under the UM coverage, and that a final judgment had also been entered in a personal injury protection (PIP) case brought by his wife, arising out of the same accident.1

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