NORMAN VERNICK AND FLORENCE VERNICK, WIFE, DERIVATIVE CLAIMANT, APPELLANTS,
v.
JOHN PAUL BENNETT, JR., AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, INDIVIDUALLY AND JOINTLY, APPELLEES
NORMAN VERNICK AND FLORENCE VERNICK, WIFE, DERIVATIVE CLAIMANT, APPELLANTS,
JOHN PAUL BENNETT, JR., AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, INDIVIDUALLY AND JOINTLY, APPELLEES
558 So. 2d 541
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Reversed upon authority of Queen v. Clearwater Electric, Inc., 555 So. 2d 1262 (Fla. 2d DCA 1989), and remanded for further proceedings.
We certify the following question to the Supreme Court of Florida as one of great public importance:
DO SECTIONS 95.11(5)(d) AND 631.68, FLORIDA STATUTES (1983), CONSTITUTE A BAR TO A SUIT ON A TORT CLAIM AGAINST AN INSURED ARISING OUT OF AN AUTOMOBILE ACCI DENT AS TO ANY AMOUNT IN EXCESS OF THE APPLICABLE LIMITS OF AN INSURANCE POLICY ISSUED BY AN INSOLVENT INSURER WHEN SUIT AGAINST THE INSURED IS COMMENCED MORE THAN ONE YEAR AFTER THE DEADLINE FOR FILING CLAIMS, OR ANY EXTENSION THEREOF, WITH THE RECEIVER OF THE INSOLVENT INSURER?
HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rubenstein v. Pastor Saldariagga, 699 So. 2d 754 (Fla. 4th DCA 1997)….11(5)(d), Florida Statutes (1995), bar her claim to the extent of the $10,000 limit of the original insurance policy. However, these statutes do not restrict her claim for damages against the original insured above $10,-000. See Vernick v. Bennett, 558 So. 2d 541 (Fla. 4th DCA 1990); Queen v. Clearwater Elec., Inc., 555 So. 2d 1262, 1265 (Fla. 2d DCA 1989). In Blizzard v. W.H. Roof Co., 573 So. 2d 334 (Fla.1991), the supreme court held that the shortened statute of limitations provi [*755] sions of section…
Authorities Cited
- Prudential Prop. & Cas. Ins. Co. v. Kalesa, 555 So. 2d 1262 (Fla. 4th DCA 1989)
- Scott v. State, 555 So. 2d 1262 (Fla. 4th DCA 1989)