AMERICAN RISK ASSUR. CO. v. BENRUBE

No. 81-366.

407 So.2d 993 (1981)

AMERICAN RISK ASSURANCE COMPANY, Appellant, v. Mary BENRUBE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 12, 1982.


Attorney(s) appearing for the Case

Ponzoli & Wassenberg and Ronald P. Ponzoli, Miami, for appellant.

Samuel Sheres, Hollywood, for appellee.

Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.


FERGUSON, Judge.

American Risk Assurance Company appeals from an order of summary judgment wherein the trial court found as a matter of law that appellant as personal injury insurer was liable to appellee, Mary Benrube, for medical bills already paid by Medicare. We affirm.

The facts are as follows. On November 3, 1979, the appellee, a seventy-nine year old widow, was struck by a vehicle while crossing an intersection. Appellee was severely injured and was...

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