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BRYAN v. GOVERNMENT EMPLOYEES INS. CO.

No. 88-97.

545 So.2d 884 (1989)

James BRYAN and Marcia Bryan, His Wife, Appellants, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 28, 1989.

Attorney(s) appearing for the Case

Haggard & Kirkland, Coral Gables, James C. Blecke, Miami, for appellants.

Barnett, Clark and Barnard, and James K. Clark, Miami, for appellee.

Before NESBITT, FERGUSON and LEVY, JJ.

ON MOTION FOR REHEARING

James Bryan was having his van serviced when an uninsured employee of the Caprice Vans service department backed the vehicle down a service ramp, striking and injuring Mr. Bryan. Bryan sought recovery under the uninsured motorist provision of his policy with GEICO. GEICO refused payment on grounds that because the vehicle is insured it cannot also be an uninsured motor vehicle even though it does...

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