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COLONIAL PENN INS. CO. v. MAYOR

No. 88-2731.

538 So.2d 100 (1989)

COLONIAL PENN INSURANCE COMPANY, Petitioner, v. Roslyn MAYOR, Respondent.

District Court of Appeal of Florida, Third District.

February 7, 1989.

Attorney(s) appearing for the Case

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane and John C. Hamilton, Cooper, Wolfe & Bolotin and Marc Cooper, Miami, for petitioner.

Ress, Gomez, Rosenberg, Howland and Mintz and Keith A. Truppman, North Miami, for respondent.

Before SCHWARTZ, C.J., BARKDULL and COPE, JJ.

SCHWARTZ, Chief Judge.

The respondent Mayor, who was injured in an automobile accident allegedly caused by a phantom vehicle, brought an action against her carrier, the petitioner Colonial Penn, which, as required by Schimmel v. Aetna Casualty & Surety Co., 506 So.2d 1162 (Fla. 3d DCA 1987), joined both a count for UM benefits1 under the policy and...

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