LIBERTY MUTUAL INSURANCE COMPANY, APPELLANT,
v.
WILLIAM J. DWYER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TIMOTHY LEE DWYER, DECEASED, APPELLEE

Fla. 3d DCA | 1982-10-12
No. 81-1660
Before BARKDULL, SCHWARTZ and JORGENSON, JJ.
421 So. 2d 587 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Liberty Mutual Insurance Company appeals from a judgment declaring that plaintiff’s decedent, Timothy Dwyer, was entitled to uninsured motorist coverage under a policy issued by Liberty Mutual to Auto Rental Corporation. The trial court found, and it is undisputed here, that neither Liberty Mutual nor its agent complied with Section 627.727(1), Florida Statutes (1979), in that Dwyer, a long-term lessee, had never been given the opportunity to reject uninsured motorist coverage. Since appellants have failed to satisfy their statutory duty, we affirm the trial court in its coverage determination. See Midland Ins. Co. v. Hochberg, 394 So. 2d 449 (Fla. 3d DCA), pet. for rev. den. 402 So. 2d 611 (Fla.1981).

Having concluded the trial court correctly determined coverage, we nevertheless vacate the award of attorney’s fees, without prejudice to re-apply to the trial court for fees. Our view is that the attorney’s fees’ determination is directly related to the damage issue yet to be decided.


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  • Padron v. H.W.G. Leasing, Inc., 436 So. 2d 982 (Fla. 3d DCA 1983)
    …rist coverage. Because appellees failed to satisfy their statutory duty, we reverse the trial court’s Summary Final Judgment for Liberty Mutual and remand with instructions to enter summary judgment for Padron. Liberty Mutual Insurance Co. v. Dwyer, 421 So. 2d 587 (Fla. 3d DCA 1982). Although we agree that if Liberty Mutual had failed to insure Padrón H.W.G. might be liable for breach of contract to obtain coverage, our decision establishing liability on the part of Liberty Mutual renders that issue moot. Rev…

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