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PROGRESSIVE EXP. INS. CO. v. DEVITIS

No. 4D05-3179.

924 So.2d 878 (2006)

PROGRESSIVE EXPRESS INSURANCE COMPANY, Petitioner, v. Angelo DEVITIS and Enterprise Leasing Company, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 19, 2006.

Attorney(s) appearing for the Case

Douglas H. Stein of Anania, Bandklayder, Blackwell, Baumgarten, Torricella & Stein, Miami, for petitioner.

Charles M-P George of George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Coral Gables, for respondent Enterprise Leasing Company.

KLEIN, J.

Enterprise rented a car to Goldman, and Goldman, who was personally insured by Progressive, injured a pedestrian while driving the rental car. The pedestrian sued both Progressive and Enterprise for PIP benefits in county court, which held that Progressive, not Enterprise, was liable. Progressive appealed to the circuit court which affirmed. We grant Progressive's petition for certiorari because the circuit court failed to apply the correct law. Ivey...

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