TRAVELERS INDEM. CO. v. JACOBS

No. 80-195.

402 So.2d 1261 (1981)

TRAVELERS INDEMNITY COMPANY, Appellant, v. Robert JACOBS and Vickie Jacobs, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 9, 1981.


Attorney(s) appearing for the Case

Joseph A. McGowan, Miami, for appellant.

Leesfield & Blackburn and Mark A. Dresnick, Miami, for appellees.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.


BASKIN, Judge.

Travelers Indemnity Company appeals an equitable distribution order under which it was awarded only a 15% recovery and not the statutory maximum recovery of 50% for payment it advanced as workmen's compensation benefits. Travelers contends that Robert Jacobs failed to demonstrate that he did not recover the full value of "damages sustained because of the limits of insurance coverage and collectibility", and it asserts

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