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AMERICAN CAS. CO. v. FERNANDEZ

No. 85-2167.

490 So.2d 1340 (1986)

AMERICAN CASUALTY COMPANY OF READING, P.A., Appellant, v. Luis FERNANDEZ and Mercedes Fernandez, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

July 8, 1986.

Attorney(s) appearing for the Case

Talburt, Kubicki, Bradley & Draper and Betsy E. Gallagher and Jon Derrevere, Miami, for appellant.

Deutsch & Blumberg and Edward Blumberg, Jeanne Heyward, Miami, for appellees.

Before NESBITT, BASKIN and FERGUSON, JJ.

NESBITT, Judge.

American Casualty Company (American) appeals a summary judgment finding uninsured motorist (UM) coverage and compelling arbitration. We reverse.

Luis Fernandez leased a car from Avis. On September 29, 1981, he was riding in the leased vehicle as a passenger with Pedro Villoldo driving. The car was involved in an accident with a hit-and-run vehicle, and Fernandez sustained injuries.

Fernandez sought UM benefits under the American policy...

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