LUMBERMENS MUT. CAS. CO. v. CASTAGNA

No. 52406.

368 So.2d 348 (1979)

LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Ercole CASTAGNA, Appellee.

Supreme Court of Florida.

February 22, 1979.


Attorney(s) appearing for the Case

A.H. Toothmann and Patricia H. Thompson of Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, Miami, for appellant.

Jerry Larotonda, Miami, for appellee.


OVERTON, Justice.

This cause is before this Court on direct appeal from a summary final judgment of the county court construing and expressly upholding the constitutional validity of Section 627.736(4)(d)(1), Florida Statutes (1975). We have jurisdiction.1

The subject statute2 provides for personal injury protection benefits if an insured is injured "while occupying a motor vehicle, or while not an...

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