LUMBERMENS MUT. CAS. CO. v. STERN

Nos. 81-1697, 81-1698.

433 So.2d 48 (1983)

LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Gary M. STERN, Appellee.

District Court of Appeal of Florida, Third District.

June 21, 1983.


Attorney(s) appearing for the Case

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and Stanley V. Buky, Miami, for appellant.

Tobin & Thomson and Michael Tobin, Coral Gables, for appellee.

Before HENDRY, HUBBART and JORGENSON, JJ.


PER CURIAM.

Lumbermens Mutual Casualty Company appeals a final declaratory decree entered against it below finding that the insured Gary M. Stern was entitled to uninsured motorist coverage for injuries sustained in an automobile accident with an underinsured motorist. Lumbermens contends that Section 627.4132, Florida Statutes (1977), permits an insurance company to exclude from uninsured motorist coverage any accident, as here, occurring while the insured occupies...

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