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ABBERTON v. COLONIAL PENN INS. CO.

No. 81-1931.

421 So.2d 6 (1982)

Edward ABBERTON and Irma L. Abberton, Individually and As Husband and Wife, Appellants, v. COLONIAL PENN INSURANCE COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 3, 1982.

Attorney(s) appearing for the Case

Joseph P. McNulty of McNulty, Moritz, Pecarek & Dickey, Largo, and Guy N. Perenich of Muscarella, Perenich & Carroll, Clearwater, for appellants.

William A. Post of Post & Gable, Seminole, for appellee.

SCHOONOVER, Judge.

This is an appeal from a summary judgment holding that section 627.727(6), Florida Statutes (Supp. 1978), prohibits an injured underinsured motorist from maintaining an action against his underinsured motorist carrier if he fails to exhaust the available coverage of the tort-feasor and his insurer. We reverse.

Edward Abberton, plaintiff below, one of the appellants, was involved as a pedestrian in an accident with an automobile on or about...

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