FORTUNE INS. CO. v. SIMS

No. 84-137.

464 So.2d 251 (1985)

FORTUNE INSURANCE COMPANY, Appellant, v. Theoria SIMS, Appellee.

District Court of Appeal of Florida, Fourth District.

March 6, 1985.


Attorney(s) appearing for the Case

Terence T. O'Malley of Terence T. O'Malley, P.A., Fort Lauderdale, for appellant.

Bernard A. Conko of Gibson & Adams, West Palm Beach, for appellee.


HERSEY, Judge.

Appealed is a summary final judgment involving the appropriate application of section 627.739(1), Florida Statutes (1981), which permits an insurance company, under limited circumstances, to issue Personal Injury Protection (PIP) insurance coverage with certain deductibles.

On December 15, 1981, appellant issued an automobile insurance policy for personal injury protection to appellee. The policy provided $10,000 of liability insurance with...

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