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AMICA MUT. INS. CO. v. GIFFORD

No. 82-1109.

434 So.2d 1015 (1983)

AMICA MUTUAL INSURANCE COMPANY, Etc., Appellant, v. Marie F. GIFFORD, Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

July 21, 1983.

Attorney(s) appearing for the Case

Reinald Werrenrath, III, and Lora A. Dunlap, of Akerman, Senterfitt & Eidson, Orlando, for appellant.

Jere E. Lober, Merritt Island, for appellee Marie F. Gifford.

Bruce T. McKinley of Stromire, Westman, Lintz, Baugh, McKinley & Antoon, Cocoa, for appellees Ethel P. Kish; Bethesda Baptist Retirement Home; and Hanover Ins. Co.

COWART, Judge.

This case involves the validity in Florida of a subrogation lien contained in a policy of personal injury protection insurance issued in a foreign state in view of section 627.736(3), Florida Statutes (1981), which prohibits such liens in insurance policies issued in Florida and the effect of a subrogation lien where an insured is denied recovery from a tortfeasor for insurance benefits by the collateral source rule, section 627.7372(1), Florida Statutes...

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