JOSEPH LOWRY, APPELLANT,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE
PER CURIAM.
Joseph Lowry appeals from a final order granting summary judgment in favor of State Farm Mutual. Two insurance policies were issued by State Farm Mutual. Policy One was issued to Joseph Lowry, individually, as named insured. Policy Two was issued to Joseph Lowry and to Mrs. Lowry as named insureds. The trial court correctly concluded that to permit stacking in this instance would be a violation of Section 627.4132, Florida Statutes (1977), which prevents stacking separate policies involving the same named insured. See South Carolina Insurance Company v. Kokay, 398 So. 2d 1355 (Fla.1981); Stephan v. United States Fidelity & Guaranty, 384 So. 2d 691 (Fla. 2d DCA 1980); cf., Cox v. State Farm Mutual Automobile Insurance Company, 378 So. 2d 330, 333 (Fla. 2d DCA 1980) (stacking allowed where policies issued to entirely different named insureds).
State Farm Mutual has conceded that with respect to the second issue raised in this appeal Hartford Accident & Indemnity Co. v. Lackore, 408 So. 2d 1040 (Fla.1982), is controlling. We, accordingly, remand with directions to modify the final judgment deleting the P.I.P. setoff previously ordered.
Affirmed in part, reversed in part, remanded with directions.
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State Farm Mut. Auto. Ins. Co. v. Taylor, 434 So. 2d 37 (Fla. 5th DCA 1983)…policies involving the same named insured. See South Carolina Insurance Company v. Kokay, 398 So. 2d 1355 (Fla.1981). Although we have been urged not to follow it, we agree that the opinion in Lowry v. State Farm Mutual Automobile Insurance Company, 421 So. 2d 668 (Fla. 3d DCA 1982) correctly interprets the law under facts similar to these. The final judgment is reversed with directions to enter judgment for appellant. REVERSED. COBB and COWART, JJ., concur.…
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State Farm Mut. Auto. Ins. Co. v. Northrop, 437 So. 2d 706 (Fla. 1st DCA 1983)…State Farm contends that its liability is limited to the policy insuring the motorcycle which Northrop was operating at the time of the accident, relying upon the Third District Court’s opinion in Lowry v. State Farm Mutual Autumobile Insurance Co., 421 So. 2d 668 (Fla. 3d DCA 1982). In Lowry, the court held that Section 627.4132, Florida Statutes (1979), prohibits stacking of multiple policies when the policies contain the same named insured, even if one or more of the policies contain an additional named in…
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Allstate Ins. Co. v. Roberts, 444 So. 2d 573 (Fla. 4th DCA 1984)…e not different named insureds within the meaning of this exception to the anti-stacking statute. South Carolina Ins. Co. v. Kokay, 398 So. 2d 1355 (Fla.1981). In holding to the contrary the trial court found that Lowry v. State Farm Mut. Ins. Co., 421 So. 2d 668 (Fla. 3d DCA 1982) is distinguishable. We disagree. In Lowry two insurance policies were issued by State Farm Mutual. One was issued to Joseph Lowry as named insured and the other was issued to Joseph and Mrs. Lowry as named insureds. The court conc…
Authorities Cited
- State v. Pierpont, 398 So. 2d 1355 (Fla. 1981)
- Hartford Accident & Indem. Co. v. Lackore, 408 So. 2d 1040 (Fla. 1982)
- COX v. State Farm Mut. Auto. Ins. Co., 378 So. 2d 330 (Fla. 2d DCA 1980)
- Stephan v. United States Fid. & Guar. Co. & State Farm Mut. Auto. Ins. Co., 384 So. 2d 691 (Fla. 2d DCA 1980)