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STATE FARM MUTUAL AUTOMOBILE v. McCARTHY

No. 94-3765.

664 So.2d 317 (1995)

STATE FARM MUTUAL AUTOMOBILE, Appellant, v. Daniel McCarthy, Jr., Appellee.

District Court of Appeal of Florida, First District.

December 8, 1995.

Attorney(s) appearing for the Case

G. Michael Burnett and James H. Daniel of Taylor, Day & Rio, Jacksonville, for Appellant.

Jack M. Ross, P.A., Gainesville, for Appellee.

PER CURIAM.

In Warren v. Travelers Insurance Co., 650 So.2d 1082 (Fla. 1st DCA 1995), we rejected substantially the same argument appellant presents here. Therefore, we affirm on the authority of Warren, and, as we did in Warren, certify the following question of great public importance:

MAY AN INJURED PERSON WHO IS ENTITLED TO RECOVER BODILY INJURY LIABILITY BENEFITS, BUT WHOSE DAMAGES EXCEED THE POLICY...

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