VERDECIA v. AMERICAN RISK ASSUR. CO.

No. 88-1187.

543 So.2d 321 (1989)

Marcelino VERDECIA, Appellant, v. AMERICAN RISK ASSURANCE COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

May 9, 1989.


Attorney(s) appearing for the Case

John B. Ostrow, James C. Blecke and Susan S. Lerner, for appellant.

Anthony Reinert and William T. Goran, for appellee.

Before BARKDULL, HUBBART and COPE, JJ.


PER CURIAM.

This is an appeal by a personal injury protection [PIP] insured from an adverse declaratory decree which rejected the insured's claim that Section 627.739(1), Florida Statutes (1983), was unconstitutional because it allegedly denied the insured his right of access to the courts, Art. I, § 21, Fla. Const., by barring any tort remedy against the tortfeasor for a PIP deductible without providing a reasonable alternative. This statute provides as follows...

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