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PERRY v. MUNGER

No. 98-03154.

730 So.2d 393 (1999)

Joanne L. PERRY and Bruce L. Perry, Appellants, v. Edwin L. MUNGER and Capital Enterprise Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Second District.

April 9, 1999.

Attorney(s) appearing for the Case

Sylvia H. Walbolt and Robert E. Biasotti of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., St. Petersburg, and Guy N. Perenich of Perenich, Carroll, Perenich, Avril, & Caulfield, P.A., Clearwater, for Appellants.

Daniel P. Mitchell of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for Appellee Capital Enterprise Insurance Company.

No appearance for Appellee Edwin L. Munger.

PATTERSON, Acting Chief Judge.

Joanne and Bruce Perry appeal from a final summary judgment entered in favor of Capital Enterprise Insurance Company (Capital) on the Perrys' claim for underinsured motorist benefits. We reverse.

In December 1989, Joanne Perry was involved in an auto accident in which she was hit by a vehicle Edwin Munger was driving. She claimed to have sustained damages totaling $280,000. At the time of the accident, Munger was insured by Allstate...

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