KWECHIN v. INDUSTRIAL FIRE & CAS. CO.

No. 80-572.

409 So.2d 28 (1981)

Deborah KWECHIN, Appellant, v. INDUSTRIAL FIRE & CASUALTY CO., a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Opinion Amended on Motion for Rehearing and Suggestion for Certification; Certification Granted February 15, 1982.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Michael Nuzzo, Miami, for appellant.

Schwartz, Klein & Steinhardt and Jay S. Weiss, Miami, for appellee.

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


DANIEL S. PEARSON, Judge.

We hold that an insurer which knows that a prospective insured does not have other collateral insurance or benefits, and despite such knowledge sells to the prospective insured a personal injury protection policy containing deductibles, is liable to the insured under the policy as if the policy contained no deductible.

In October 1978, Deborah Kwechin contacted Industrial's agent for the purpose of obtaining personal injury protection...

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