STATE FARM MUTUAL AUTOMOBILE INS. CO. v. MILLER

No. 1D02-5149.

865 So.2d 542 (2003)

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Petitioner, v. Frank E. MILLER, Jr., Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied February 12, 2004.


Attorney(s) appearing for the Case

Raymond L. Roebuck and David M. Gagnon, of Taylor, Day & Currie, Jacksonville, for Petitioner.

Kevin J. Loftus, of Harrell & Johnson, P.A., Jacksonville, for Respondent.


BROWNING, J.

Respondent, who was involved in an automobile accident that occurred during the course and scope of his employment, was paid 66-2/3 % of his lost wages under Florida's workers' compensation scheme. Thereafter, Respondent filed a claim with Petitioner for reimbursement under his personal injury protection (PIP) policy. Petitioner denied the claim. The county court ordered Petitioner to pay 60 % of the difference...

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