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Allstate Insurance Co. v. Morgan

6/20/2003

P section. Here, the term "insured motor vehicle" was specifically defined, and that definition was clear and unambiguous. It simply could not be clouded by the definition of the phrase "insured auto" elsewhere in the policy.


"An insurance policy is properly construed against the insurer only if the language of the policy is deemed to be ambiguous." USAA Cas. Ins. Co. v. Gordon, 707 So. 2d 1185, 1187 (Fla. 4th DCA 1998) (citations omitted). Because the language at issue here was not ambiguous, and because Morgan was not entitled to PIP benefits under that unambiguous language, we reverse the summary judgment in her favor and remand with directions to enter judgment for Allstate.


Reversed and remanded with directions.


WHATLEY and SILBERMAN, JJ., Concur.




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