Herrera v. Gosnell

Appellant appeals a trial court order requiring him to pay back 100% of the benefits he’d received from Reserve Insurance Company. The order was based upon the trial court’s interpretation of F.S. 627.736 (1971). We reverse and remand upon the authority of Catches v. Gov’t. Employees Ins. Co., 295 So.2d 116 (1st D.C.A.Fla.1974); Reyes v. Banks, 292 So.2d 39 (4th D.C.A.Fla.1974); Schwartz v. Hughey, 292 So.2d 43 (4th D.C.A.Fla.1974), and White v. Reserve Ins. Co., 299 So.2d 661 (1st D.C.A.Fla.1974). There should be an equitable distribution of the insurance funds in accordance with F.S.…