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NIGLIO v. OMAHA PROPERTY AND CAS. INS.

No. 95-1416.

679 So.2d 323 (1996)

Michael NIGLIO, John Niglio and Donna Niglio, Appellants, v. OMAHA PROPERTY AND CASUALTY INSURANCE COMPANY, Paul Joseph Anthony Balliro, James Joseph McClean, Charles Samuel Miesse, and as Owner of Millennium, Inc., a Dissolved Corporation, Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied September 26, 1996.

Attorney(s) appearing for the Case

Steven A. Edelstein of Law Offices of Steven A. Edelstein, Coral Gables, and James W. Knight, Jr., of James W. Knight, Jr., P.A., Fort Lauderdale, for appellants.

James C. Kelley of Kelley & Thompson, P.A., Miami, for Appellee-Omaha Property and Casualty Insurance Company.

Rehearing and Rehearing En Banc Denied September 26, 1996.

GROSS, Judge.

The issue in this case is whether a pedestrian shot in a drive-by shooting is entitled to coverage under uninsured motorist and personal injury protection provisions of an automobile insurance policy.

In November, 1990, seventeen-year old Michael Niglio and some friends drove his parents' automobile to a Fort Lauderdale nightclub. They parked in a mall parking lot next to the...

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