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

No. 3D10-1609.

89 So.3d 246 (2011)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. William SWINDOLL, Appellee.

District Court of Appeal of Florida, Third District.

December 14, 2011.

Attorney(s) appearing for the Case

Cooney Trybus Kwavnick Peets and Warren B. Kwavnick , Ft.Lauderdale, for appellant.

Kimberly L. Boldt , Miami; Hoffman & Hoffman and John D. Hoffman , Hollywood, for appellee.

Before WELLS, C.J., and EMAS, J., and SCHWARTZ, Senior Judge.

WELLS, Chief Judge.

State Farm Mutual Automobile Insurance Company appeals from a final judgment in William Swindoll's favor on his uninsured motorist (UM) benefits claim. Because Swindoll was permitted to make the payment of personal injury protection (PIP) benefits and the standard for the payment of such benefits a feature of the trial below, we reverse and remand for a new trial.

On May 14, 2006, Swindoll was involved in an automobile accident, allegedly...

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