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PROTECTIVE INS. CO. v. PALMA

No. 86-2645.

507 So.2d 649 (1987)

PROTECTIVE INSURANCE COMPANY, an Indiana Corporation, Appellant, v. Diego PALMA and Isabel Palma, Appellees.

District Court of Appeal of Florida, Third District.

April 14, 1987.

Attorney(s) appearing for the Case

Conrad, Scherer & James and Mary S. Lingerfeldt and Gary Genovese, Fort Lauderdale, for appellant.

Jay B. Weiss, Steven R. Berger, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

We again follow our repeated holdings that the simple non-coverage question of whether the negligence of a hit-and-run, so-called "phantom" driver1 contributed to the accident of which a UM insured complains is a question for the arbitrators, not the court. Ebens v. State Farm Mutual Automobile Ins. Co., 278 So.2d 674 (Fla. 3d DCA 1973); Industrial Fire & Casualty...

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