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PAZ v. ALLSTATE INS. CO.

Nos. 85-515, 85-1451 and 85-1974.

478 So.2d 849 (1985)

David R. PAZ, M.D., Appellant, v. ALLSTATE INSURANCE COMPANY, aPPELLEE.

District Court of Appeal of Florida, Third District.

November 5, 1985.

Attorney(s) appearing for the Case

Magill & Lewis and R. Fred Lewis, Miami, for appellant.

Adams, Hunter, Angones, Adams, Adams & McClure and Christopher Lynch, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.

PER CURIAM.

We reverse the summary judgment in favor of Allstate Insurance Company (Allstate). Resolution of the insured's action against the tortfeasor was not a prerequisite to arbitration of the insured's claim for uninsured motorist benefits. Arrieta v. Volkswagen Insurance Co., 343 So.2d 918 (Fla.3d DCA 1977). Allstate's refusal to arbitrate the uninsured motorist claim was, in effect, a denial of coverage and a breach...

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