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

No. 5D00-2993.

804 So.2d 429 (2001)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Pasha YENKE, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 15, 2002.

Attorney(s) appearing for the Case

Julie Hions O'Kane of Drage, de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP, Orlando, for Appellant.

Gregory S. Stark and Don McKeeverof McKeever, Albert & Barth, P.A., Winter Park, for Appellee.

PALMER, J.

State Farm appeals the final summary judgment entered in favor of Pasha Yenke on her claim for payment of underinsured motorist insurance benefits. We affirm.

After Yenke was involved in an automobile accident with Stephen Milam, she filed a negligence suit against him seeking damages. He answered and affirmatively asserted that a "phantom vehicle" caused the accident which resulted in Yenke's injuries...

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