FIDELITY AND CASUALTY COMPANY OF NEW YORK, APPELLANT,
v.
JAIME AND GUARINA CHACON, APPELLEES
BASKIN, Judge.
We find no error in the Final Declaratory Judgment entered by the trial court determining in effect that appellees, who were insured under two uninsured motorist poli cies, one by State Farm Insurance Co. covering Jaime Chacon and another by appellant Fidelity & Casualty Company of New York covering appellees’ daughter Teresita, could collect from both insurers. In the event appellees recover from Fidelity & Casualty Company of New York, their settlement with State Farm Insurance Co. would subject the entire amount received to pro rata division by the insurers up to the amount of appellees’ losses. Sellers v. United States Fidelity & Guaranty Co., 185 So. 2d 689 (Fla.1966); State Farm Mutual Automobile Insurance Co. v. Colonial Penn Insurance Co., 379 So. 2d 1036 (Fla. 3d DCA 1980); State Fire & Casualty Co. v. National Indemnity Co., 225 So. 2d 570 (Fla. 3d DCA 1969).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Caballero v. Metro. Prop. & Liab. Ins. Co., 476 So. 2d 296 (Fla. 3d DCA 1985)…ver again for his already satisfied claim. See State Fire & Casualty Co. v. National Indemnity Co., 225 So. 2d 570 (Fla. 3d DCA 1969) (uninsured motorist carriers may make pro-ration inter se); see also Fidelity & Casualty Co. of New York v. Chacon, 408 So. 2d 812 (Fla. 3d DCA 1982); Foremost Ins. Co. v. Medders, 399 So. 2d 128 (Fla. 5th DCA 1981); 44 Am. Jur.2d Insurance § 1781 (1982) (“As a general rule, the recovery by an owner, where several insurance policies exist on the same property and amount in the…
Authorities Cited
- Sellers v. United States Fid. & Guar. Co., 185 So. 2d 689 (Fla. 1966)
- State Fire & Cas. Co. v. Nat'l Indem. Co., 225 So. 2d 570 (Fla. 3d DCA 1969)
- State Farm Mut. Auto. Ins. Co. v. Colonial Penn Ins. Co., 379 So. 2d 1036 (Fla. 3d DCA 1980)