LONGMAN v. TRAVELERS INS. CO.

No. 78-1596.

371 So.2d 533 (1979)

Barbara LONGMAN, Individually and As Mother, Next Friend and Natural Guardian of Carolyn and Susan Longman, Appellants, v. TRAVELERS INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

May 29, 1979.


Attorney(s) appearing for the Case

Abramson, Mendigutia & Libman and Paula L. Schwartz, Miami, for appellants.

High, Stack, Lazenby & Bender and Alan R. Dakan, Miami, for appellee.

Before HENDRY, HUBBART and SCHWARTZ, JJ.


HENDRY, Judge.

This is an appeal from a final summary judgment which was entered for the appellee-insurance company based upon a general release executed by appellant. We have determined that the order must be vacated and the cause remanded, as the trial court erred in its finding that an insured cannot recover personal injury protection benefits from its own insurer where a release has been given a third party tortfeasor.

The appellant, Longman, as mother...

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