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LEWIS v. ALLSTATE INS. CO.

No. 93-3786.

667 So.2d 261 (1995)

Deborah LEWIS and Michael Lewis, Appellants, v. ALLSTATE INSURANCE CO., an Illinois Corporation, Appellee.

District Court of Appeal of Florida, First District.

August 31, 1995.

Attorney(s) appearing for the Case

Michael S. Davis, of Boone & Davis, P.A., Wilton Manors, for appellants.

Harold R. Mardenborough, Jr. and Charles A. Stampelos, of McFarlain, Wiley, Cassedy & Jones, P.A., Tallahassee, for appellee.

JOANOS, Judge.

Deborah and Michael Lewis (appellants) appeal the trial court's dismissal with prejudice of their claim for underinsured motorist (UM) benefits against Allstate Insurance Company (Allstate). The issue presented in this case is whether UM benefits are available to an insured when a procedural bar, such as the statute of limitations, would defeat recovery from the uninsured motorist. We conclude that UM benefits are recoverable in these circumstances...

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