PRINCE v. AMERICAN INDEM. CO.

No. 82-246.

431 So.2d 270 (1983)

James Quincy PRINCE, Sr., et Ux. Appellants, v. AMERICAN INDEMNITY COMPANY, Appellee.

District Court of Appeal of Florida, Fifth District.

May 12, 1983.


Attorney(s) appearing for the Case

Paul Bernardini of LaRue & Bernardini, P.A., Daytona Beach, for appellants.

H. David Luff of Sanders, McEwan, Mims & McDonald, Orlando, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

The Princes appeal from a declaratory judgment which permitted American Indemnity, their insurance carrier, to assert its subrogation rights to a portion of a settlement received by Mrs. Prince. We hold that American Indemnity is not entitled to subrogation or reimbursement and reverse the judgment.

In 1980, Mrs. Prince was injured in a motor vehicle collision. Pursuant to the terms of the Princes' insurance policy, American...

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