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KELLY v. TOTH-KIP

No. 97-2886.

763 So.2d 355 (1998)

E. Kenneth KELLY and Linda J. Kelly, Appellants, v. Teresa TOTH-KIP; Hartford Fire Insurance Company, a Connecticut corporation; and Government Employees Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

June 24, 1998.

Attorney(s) appearing for the Case

William J. Wallace of Wallace & Lee, West Palm Beach, Alan C. Espy, West Palm Beach, and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, for appellants.

Richard A. Sherman and Rosemary Wilder of Richard A. Sherman, P.A., Ft. Lauderdale, and Tracy Starasoler of the Law Offices of Alan L. Landsberg, Hollywood, for appellee-Hartford Fire Insurance Company.

James M. Munsey of James M. Munsey, P.A., West Palm Beach, for intervenor/appellee Government Employees Insurance Company.

PER CURIAM.

Appellant Kenneth Kelly, a police officer, stopped appellee Toth-Kip's car because he suspected she was DUI. After she failed several roadside sobriety tests, appellant informed her he was placing her under arrest, and she resisted, injuring appellant. Toth-Kip was uninsured, and appellant brought this suit against his UM insurer; however, the trial court granted the insurer's motion for directed verdict on the ground that the injury did not arise out...

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