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DIAZ-HERNANDEZ v. STATE FARM FIRE AND CAS.

No. 3D07-2895.

19 So.3d 996 (2009)

Lenon DIAZ-HERNANDEZ, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Order Denying Rehearing October 14, 2009.

Attorney(s) appearing for the Case

Maguire & Friend, Michael P. Maguire and Michael R. Friend, Coral Gables, for appellant.

Bunnell Woulfe Kirschbaum Keller & Gregoire and Nancy W. Gregoire, Fort Lauderdale; Bernstein, Chackman & Liss and Jonathan G. Liss, Hollywood, for appellee.

Before RAMIREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

ROTHENBERG, J.

The plaintiff, Lenon Diaz-Hernandez ("the Insured"), the insured under an uninsured motorist ("UM") policy issued by State Farm Fire and Casualty Company ("State Farm"), appeals from an order dismissing his second amended complaint with prejudice. We reverse.

I. Facts and Procedural History

The Insured filed a complaint against his insurer, State Farm, seeking to recover UM benefits for injuries sustained in an automobile collision...

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