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The post below was published on Thursday, December 23rd, 2010 at 10:02 AM.

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Fourth District: Fundamental Error

Like pornography, and a well appointed home, fundamental error is something you know when you see it. The Fourth District believed it knew it when it saw it in this case. The court held that an insurance policy provision violated Florida public policy, and was not enforceable, because it required the insured to sue an uninsured motorist who injures the insured as a condition precedent to recovering uninsured motorist benefits. The insured did not raise the public policy argument below, but the district court held that the policy’s flaw was fundamental.

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