BANKERS INS. CO. v. SOSA

No. 82-2462.

448 So.2d 1181 (1984)

BANKERS INSURANCE COMPANY, Appellant, v. Luis SOSA, Appellee.

District Court of Appeal of Florida, Third District.

April 17, 1984.


Attorney(s) appearing for the Case

Weinstein & Bavly, Richard M. Gale, Miami, for appellant.

Maguire & Friend and Michael Friend, Miami, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.


ON MOTION FOR REHEARING GRANTED

NESBITT, Judge.

The sole issue for our resolution is whether summary judgment was improperly entered in favor of the insured finding that the insurer had breached its duty under section 627.739, Florida Statutes (1981) by issuing a personal injury protection policy which contained a deductible without first determining whether the insured had collateral coverage. We reverse.

Sosa applied to the Caribe Insurance Agency...

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