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SENTRY INSURANCE COMPANY v. KEEFE

No. 82-1340.

427 So.2d 236 (1983)

SENTRY INSURANCE COMPANY, Appellant, v. William KEEFE and Geraldine Keefe, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 21, 1983.

Attorney(s) appearing for the Case

Miller, Hodges & Kagan and H. Jack Miller and Phyllis A. Sigal, Miami, for appellant.

Eliot R. Weitzman, Miami, for appellees.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

In Lee v. Risk Management, Inc., 409 So.2d 1163, 1165, n. 5 (Fla. 3d DCA 1982), we specifically declined to decide whether the trial court is mandatorily precluded by the new "100%" version of Sec. 440.39(3)(a), Fla. Stat. (1981) from reducing a compensation carrier's third-party lien beyond the extent that full recovery is limited by uncollectibility or comparative negligence. On the authority of and...

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