SCHWAB v. TOWN OF DAVIE

No. 85-926.

492 So.2d 708 (1986)

Delores J. SCHWAB, As Personal Representative of the Estate of John F. Schwab, Etc., et al., Appellants, v. The TOWN OF DAVIE, Florida, United States Fidelity and Guaranty Company, and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 4, 1986.


Attorney(s) appearing for the Case

Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for appellants.

Burton E. Burdick, Fort Lauderdale, and Jeanne Heyward, Miami, for appellee Allstate Ins. Co.


HERSEY, Chief Judge.

This case presents the question of whether an insurer, Allstate, is entitled to subrogation by virtue of payments made by Allstate to its insured by way of uninsured motorist coverage where the insured subsequently makes a recovery from one who was a joint tortfeasor with the uninsured motorist.

Appellants in their representative capacities received in excess of $190,000 from Allstate after arbitration of their claim arising from the negligently...

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