
    Anibal PASTOR, Appellant, v. LATIN AMERICAN PROPERTY & CASUALTY INSURANCE COMPANY, Appellee.
    No. 88-1887.
    District Court of Appeal of Florida, Third District.
    Nov. 29, 1988.
    Bernard P. Goldfarb & Assoc., Lawrence & Daniels and Adam H. Lawrence, Miami, for appellant.
    Canning & Murray and C. Robert Murray, Jr., Miami, for appellee.
    Before HUBBART, NESBITT and FERGUSON, JJ.
   PER CURIAM.

The appellee confesses error on the authority of Roe v. Amica Mut. Ins. Co., 533 So.2d 279 (Fla.1988), decided after this appeal was filed. Roe disapproves of Berger v. Fireman’s Fund Ins. Co., 515 So.2d 997 (Fla. 3d DCA 1987), invalidating an escape clause in an agreement to arbitrate, which was relied upon by the trial court.

Accordingly, the order dismissing the appellant’s motion to compel arbitration is reversed and the cause is remanded for consistent proceedings.  