VERNICK v. BENNETT

No. 89-0161.

558 So.2d 541 (1990)

Norman VERNICK and Florence Vernick, Wife, Derivative Claimant, Appellants, v. John Paul BENNETT, Jr., and State Farm Mutual Automobile Insurance Company, Individually and Jointly, Appellees.

District Court of Appeal of Florida, Fourth District.

April 4, 1990.


Attorney(s) appearing for the Case

Edward A. Perse of Horton, Perse & Ginsberg, and Carroll & Halberg, P.A., Miami, for appellants.

Vernis & Bowling, P.A., Jupiter, and Richard H.W. Maloy, Key Biscayne, for appellees.


PER CURIAM.

Reversed upon authority of Queen v. Clearwater Electric, Inc., 555 So.2d 1262 (Fla. 2d DCA 1989), and remanded for further proceedings.

We certify the following question to the Supreme Court of Florida as one of great public importance:

DO SECTIONS 95.11(5)(d) AND 631.68, FLORIDA STATUTES (1983), CONSTITUTE A BAR TO A SUIT ON A TORT CLAIM AGAINST AN INSURED ARISING OUT OF AN AUTOMOBILE ACCIDENT...

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