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Fortune Insurance Company v. Sanford

District Court of Appeal of Florida, Fourth District
Apr 4, 1990
558 So. 2d 542 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2117.

April 4, 1990.

Appeal from the Circuit Court for Broward County; John T. Luzzo, Judge.

Virginia M. Best of Carlos A. Lopez, Jr., P.A., Coral Gables, for appellant.

No brief filed for appellee.


Appellee filed a "Confession of Error." We agree and reverse on the authority of International Bankers Ins. Co. v. Arnone, 552 So.2d 908 (Fla. 1989). In Arnone, the supreme court held that, based on their plain language, sections 627.736(1) and 627.739(2), Florida Statutes (1987), provide for "the authorized deductible amounts to be subtracted from the lesser of the eligible benefits after application of the coinsurance percentages of sections 627.736(1)(a) and (b) or the statutory mandated coverage limit of $10,000." Id. at 911.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

GLICKSTEIN and DELL, JJ., concur.


Summaries of

Fortune Insurance Company v. Sanford

District Court of Appeal of Florida, Fourth District
Apr 4, 1990
558 So. 2d 542 (Fla. Dist. Ct. App. 1990)
Case details for

Fortune Insurance Company v. Sanford

Case Details

Full title:FORTUNE INSURANCE COMPANY, APPELLANT, v. CAROLYN SANFORD, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 4, 1990

Citations

558 So. 2d 542 (Fla. Dist. Ct. App. 1990)