PROTECTIVE CAS. INS. CO. v. HERNANDEZ

No. 84-193.

450 So.2d 864 (1984)

PROTECTIVE CASUALTY INSURANCE COMPANY, Appellant, v. Jorge HERNANDEZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 19, 1984.


Attorney(s) appearing for the Case

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and A.H. Toothman and John Wylie, Miami, for appellant.

Stephen Cahen, Miami, for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.


FERGUSON, Judge.

This appeal is from a judgment on the pleadings in an action to determine coverage under the personal injury protection provisions of an automobile insurance policy. The trial court determined that plaintiff was entitled to benefits because he sustained bodily injury arising out of the ownership, maintenance, or use of a motor vehicle. We reverse.

The facts are not disputed. Plaintiff was apprehended by police officers at a traffic signal...

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