LINDSAY v. ALLSTATE INS. CO.

No. 88-2416.

561 So.2d 427 (1990)

Guion M. LINDSAY and David Smythe Lindsay, As Co-Personal Representatives of the Estate of Jean M. Lindsay, Deceased, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

May 15, 1990.


Attorney(s) appearing for the Case

Mershon, Sawyer, Johnston, Dunwody & Cole and Carolyn A. Pickard and Mark A. Lavine, for appellant.

Hoppe, Backmeyer & Nelson and Thomas E. Backmeyer, for appellee.

Before HUBBART, FERGUSON and COPE, JJ.


FERGUSON, Judge.

The main issue, as framed by the appellant, is whether the increased amount paid to the United States government for estate taxes as a result of a decedent's premature death is a recoverable element of damages under the Florida Wrongful Death Act. We affirm the trial court's partial summary judgment for the insurer, agreeing that the loss of prospective federal estate tax credits as a consequence of an insured's premature death is not an element of...

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