Florida District Courts of Appeal, 1990

Fortune Insurance Co. v. Sanford

Fortune Insurance Co. v. Sanford
Florida District Courts of Appeal · Decided April 4, 1990 · Dell, Garrett, Glickstein
558 So. 2d 542; 1990 Fla. App. LEXIS 2159; 1990 WL 37507 (Southern Reporter, Second Series)

Fortune Insurance Co. v. Sanford

Opinion of the Court

GARRETT, Judge.

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 Ar-none, 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(l)(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.

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