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COLLINS v. FLORIDA INSURANCE GUARANTY ASSOCIATION

No. 88-1584.

540 So.2d 218 (1989)

Charlene COLLINS, Appellant, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellee.

District Court of Appeal of Florida, Second District.

March 22, 1989.

Attorney(s) appearing for the Case

Edward B. Knauer, Tampa, for appellant.

E. Robert Miller, Jr. of Miller and Olsen, Tampa, for appellee.

LEHAN, Acting Chief Judge.

We agree with the trial court's ruling, entered in response to defendant's motion for summary judgment, that no PIP insurance proceeds were owed to plaintiff under a policy containing an $8,000 deductible because it was uncontroverted that plaintiff's damages did not exceed $8,000. However, as we will explain, plaintiff should be given the opportunity to amend.

Plaintiff, citing Fortune Insurance Co. v. Sims,

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