KAKLAMANOS v. ALLSTATE INS. CO.

No. 1D00-2974.

796 So.2d 555 (2001)

Dino KAKLAMANOS and Keely Kaklamanos, Petitioners, v. ALLSTATE INSURANCE COMPANY, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied October 5, 2001.


Attorney(s) appearing for the Case

David Lee Sellers, Pensacola, for Petitioners.

Yancey F. Langston of Moore, Hill & Westmoreland, P.A., Pensacola, for Respondent.

Katherine E. Giddings of Katz, Kutter, Haigler, Alderman, Bryant & Yon, P.A., Tallahassee, for Amicus Curiae, American Insurance Association.


BENTON, J.

At issue is whether an insured whose medical bills Allstate Insurance Company (Allstate) declines to pay can sue Allstate for personal injury protection (PIP) and automobile medical payments (medpay) benefits, without first paying the medical provider, if the medical provider has not yet brought suit against the insured. Dino Kaklamanos and Keely Kaklamanos, petitioners here, were plaintiffs in county court. Their complaint proceeded on the theory that...

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