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UNITED STATES FIDELITY & GUARANTY v. WARMACK

No. NN-89.

386 So.2d 1284 (1980)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Evelyn WARMACK, As Personal Representative of the Estate of Katie Lee Smith, Deceased, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 11, 1980.

Attorney(s) appearing for the Case

Toby S. Monaco and Mary P. Twitchell of Dell, Graham, Willcox, Barber, Ryals, Henderson & Monaco, Gainesville, for appellant.

Aaron A. Green, Gainesville, for appellee.

PER CURIAM.

United States Fidelity and Guaranty Company (U.S.F.&G.) appeals a final declaratory judgment holding appellee/estate had not forfeited underinsured motorists' benefits under the deceased's insurance policy with U.S.F.&G. by proceeding to judgment against the underinsured motorist and could still demand arbitration. We hold appellee is not entitled to demand arbitration and accordingly reverse the lower court's declaratory judgment.

Appellee...

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