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PADGETT v. HORACE-MANN INS. CO.

No. 96-3614.

704 So.2d 627 (1997)

Terry L. PADGETT, natural father and personal representative of the estate of Jon-Terence Lanier Padgett, Appellant, v. HORACE-MANN INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 4, 1998.

Attorney(s) appearing for the Case

Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami and Robert G. Kerrigan of Kerrigan, Estess, Rankin & McLeod, P.A., Pensacola, for Appellant.

Kevin F. Masterson of Janecky, Newell, Potts, Wells & Wilson, P.C., Pensacola, for Appellee.

PER CURIAM.

Terry L. Padgett appeals a summary final judgment determining that no uninsured motorist ("UM") benefits were due him from appellee, Horace Mann Insurance Company ("Horace Mann"), because of a limitation on UM coverage an insurer may impose if an insured elects non-stacked coverage. We reverse.

Padgett sued Horace Mann alleging that his son was killed while a passenger in a vehicle driven by an underinsured motorist. Padgett had been paid the limits...

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