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O'DONNELL v. COLONIAL PENN INS. CO.

No. 86-629.

509 So.2d 371 (1987)

Francis O'DONNELL and Alice O'Donnell, Appellants, v. COLONIAL PENN INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 28, 1987.

Attorney(s) appearing for the Case

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

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

Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

There is not the slightest indication in this case, much less any allegation in the O'Donnells' complaint, that the primary and derivative damages allegedly suffered by them when Francis O'Donnell fell from the back of a pickup truck exceed or even come close to the amount of $300,000 which the defendant insurance company admits is the amount of uninsured motorist insurance coverage available to the plaintiffs. Since it is apodictic that...

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