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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
JANUARY TERM 2005
TIBOR STERNBERG and SANDRA STERNBERG,
ALLSTATE INSURANCE COMPANY,
[ April 27, 2005 ]
The plaintiffs, Tibor and Sandra Sternberg, appeal from the final judgment
entered upon a jury verdict against them in their action for uninsured motorist
coverage against Allstate Insurance Company. They raise three points on
appeal and we affirm on all points. We choose to address only one.
The Sternbergs argue that the trial court erred in requiring them to prove a
permanent injury under sections 627.727(7) and 627.737(2), Florida Statutes
(1999). They assert that, under the statutes, permanency is not a prerequisite
to recovery of non-economic damages from a party's uninsured motorist carrier
for injuries caused by an uninsured motorist without liability or PIP coverage.
This point is controlled by State Farm Mutual Automobile Insurance Co. v.
Dixon, 732 So.2d 1 (Fla. 3d DCA 1999), which held that if the policy providing
UM coverage limited coverage for non-economic damages to injuries as
described in section 627.737(2), then permanency is an issue which must be
decided by the jury.
GUNTHER, POLEN and HAZOURI, JJ., concur.
* * *
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach
Thomas H. Barkdull, III, Judge; L.T. Case No.
Steven Warm of the Law Offices of Steven Warm, Boca Raton, for appellants.
Richard A. Sherman, Sr., of the Law Offices of Richard A. Sherman, P.A., Fort
Lauderdale, and Heidi S. Reiff of the Law Offices of Lawrence J. Signori, West
Palm Beach, for appellee.
Not final until disposition of any timely filed motion for rehearing.
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