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FENNER v. McLOWHORN

No. 82-788.

424 So.2d 50 (1982)

Barbara Hartley FENNER p/k/a Barbara Hartley, Appellant, v. Kathy L. McLOWHORN p/k/a Kathy Daniels, and State Farm Mutual Automobile Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 6, 1983.

Attorney(s) appearing for the Case

Barry M. Salzman of Chambers & Salzman, P.A., St. Petersburg, for appellant.

H. Shelton Philips of Kaleel & Kaleel, P.A., St. Petersburg, for appellees.

GRIMES, Acting Chief Judge.

This appeal involves the question of whether an insurance company may set off from its limits of liability the amount of uninsured motorist benefits paid to the injured party where the insured automobile tort-feasor is alleged to be jointly liable with the uninsured automobile tort-feasor. We hold that such a setoff may not be made.1

Barbara Hartley Fenner,...

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