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FORTUNE INS. CO. v. EXILUS

No. 91-3318.

608 So.2d 139 (1992)

FORTUNE INSURANCE COMPANY, Appellant, v. Renal EXILUS, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 1992.

Attorney(s) appearing for the Case

Matt Hellman of Matt Hellman, P.A., Plantation and Diane H. Tutt of Diane Tutt, P.A., Fort Lauderdale, Fort Lauderdale, for appellant.

Eric L. Ansel of Ansel & Simon, P.A., and Paul J. Ansel of Law Office of Paul J. Ansel, Hollywood, for appellee.

PER CURIAM.

Fortune Insurance Company ("Fortune") appeals from a final summary judgment finding that appellee, Renal Exilus, was entitled to automobile insurance personal injury protection (PIP) benefits as a result of injuries he sustained in a shooting incident. We reverse.

FACTS

On October 5, 1989 at 11:30 P.M., Exilus was driving a 1985 Mazda automobile owned by Athyl Liveral, a friend. Liveral was a passenger in the vehicle and the two were...

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