NEWKIRK v. HANNAH

No. 94-1140.

655 So.2d 241 (1995)

Veronica NEWKIRK, Appellant, v. Jeffrey L. HANNAH, Appellee.

District Court of Appeal of Florida, Fourth District.

June 7, 1995.


Attorney(s) appearing for the Case

James K. Clark and Frances Fernandez Guasch of Clark, Sparkman, Robb, Nelson & Mason, Miami, for appellant.

W. George Allen of Law Offices of W. George Allen, Fort Lauderdale, for appellee.


DELL, Chief Judge.

Appellant contends the trial court erred when it failed to set off the amount of appellee's Personal Injury Protection (PIP) deductible from a jury verdict. We agree and accordingly reverse.

Section 627.739, Florida Statutes, provides in pertinent part:

(1) The named insured may elect a deductible to apply to the named insured alone or to the named insured and dependent relatives residing in the same household, but may not elect...

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