Delehanty v. Coronet Insurance Co.

This is another personal injury case involving multiple coverages of plaintiff by his employer’s worker’s compensation insurance, his own PIP insurance, and the tortfeasor’s liability insurance. Plaintiff appeals from the judgment in his suit for a declaration of what he should recover from his PIP carrier.

As we said in Atlanta Casualty Co. v. Yadevia, 579 So.2d 213, 214 (Fla. 2d DCA 1991),

On the authority of Fortune Ins. Co. v. McGhee, 571 So.2d 546 (Fla. 2d DCA 1990), we reverse. Under the circumstances of this case which are similar to those in McGhee, plaintiff is entitled to PIP benefits…