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FORTUNE INS. CO. v. McGHEE

Case No. 90-00278.

571 So.2d 546 (1990)

FORTUNE INSURANCE COMPANY, Appellant, v. Sharon McGHEE, Appellee.

District Court of Appeal of Florida, Second District.

December 14, 1990.

Attorney(s) appearing for the Case

Raymond T. Elligett, Jr., of Schropp, Buell & Elligett, P.A., Tampa, for appellant.

Bruce L. Scheiner, Fort Myers, and Diane H. Tutt, Fort Lauderdale, for appellee.

PER CURIAM.

Fortune Insurance Company (Fortune) appeals a final judgment which awarded full personal injury protection (PIP) benefits to Sharon McGhee after McGhee satisfied a workers' compensation lien from money received in a settlement with the third-party tortfeasor. We reverse the judgment, finding that under the facts of this case, McGhee would be overcompensated if the judgment would be allowed to stand.

McGhee suffered an injury when her car was rear...

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