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GRAY v. STATE FARM MUT. AUTO. INS. CO.

No. 98-02106.

734 So.2d 1102 (1999)

Donald GRAY and Elizabeth Gray, his wife, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 17, 1999.

Attorney(s) appearing for the Case

Carl H. Winslow, Jr., of Carl H. Winslow, Jr., P.A., Fort Myers, for Appellants.

Esther E. Galicia of George, Hartz, Lundeen, Flagg & Fulmer, Fort Lauderdale, for Appellee.

BLUE, Judge.

Donald and Elizabeth Gray appeal the final summary judgment in favor of State Farm Mutual Automobile Insurance Company on their claim for underinsured motorist (UM) benefits. We reject without discussion the Grays' contention that summary judgment was improper because State Farm had breached the insurance policy. However, we agree with the Grays that the trial court erroneously entered summary judgment because...

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