ALLSTATE INS. CO. v. FAMIGLETTI

No. 83-2638.

459 So.2d 1149 (1984)

ALLSTATE INSURANCE COMPANY, Appellant, v. David Famigletti, Linda Famigletti, His Wife, John Burch, Betty Jane Burch, "John Doe," an Unidentified Person, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

November 28, 1984.


Attorney(s) appearing for the Case

John Donahoe, P.A., Fort Lauderdale and Jeanne Heyward, Miami, for appellant.

Mark R. Boyd of Walsh, Theissen & Boyd, P.A., Fort Lauderdale, for appellees — John and Betty Burch.


GOLDMAN, MURRAY, Associate Judge.

This is an appeal from a summary final judgment in an action to determine coverage under the personal injury protection provisions of an automobile insurance policy. The trial court determined that the Defendants (insureds) were entitled to benefits because they sustained injuries arising out of the ownership, maintenance or use of a motor vehicle. We reverse.

John and Betty Burch, the insureds, seek benefits for damages arising...

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