ALLSTATE INS. CO. v. BANASZAK

No. 87-0707.

561 So.2d 465 (1990)

ALLSTATE INSURANCE COMPANY, aPPELLANT, v. Donald B. BANASZAK, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 23, 1990.


Attorney(s) appearing for the Case

John R. Hargrove and Lillian P. Wolf of Heinrich, Gordon, Batchelder, Hargrove, Weihe & Gent, Fort Lauderdale, for appellant.

David R. Wellens of Law Offices of David R. Wellens, Fort Lauderdale, for appellee.


HERSEY, Chief Judge.

In this action involving uninsured motorist coverage, the trial court granted a motion to compel arbitration. The insurer appeals, arguing that a preliminary issue of coverage must be decided by the court before the question of damages may be submitted to arbitration. We agree and reverse.

Of the four issues raised by appellant we discuss only the dispositive one to which we have already made reference.

Donald Banaszak was injured...

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