STATE FARM MUTUAL AUTOMOBILE, APPELLANT,
v.
DANIEL MCCARTHY, JR., APPELLEE
STATE FARM MUTUAL AUTOMOBILE, APPELLANT,
DANIEL MCCARTHY, JR., APPELLEE
664 So. 2d 317
Florida District Court of Appeal, First District (1995)
Negative Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
In Warren v. Travelers Insurance Co., 650 So. 2d 1082 (Fla. 1st DCA 1995), we rejected substantially the same argument appellant presents here. Therefore, we affirm on the authority of Warren, and, as we did in Warren, certify the following question of great public importance:
MAY AN INJURED PERSON WHO IS ENTITLED TO RECOVER BODILY INJURY LIABILITY BENEFITS, BUT WHOSE DAMAGES EXCEED THE POLICY LIMIT FOR LIABILITY COVERAGE, ALSO RECOVER UNDER THE SAME POLICY FOR UNINSURED MOTORIST BENEFITS, WHERE THE POLICY EXCLUDES THE INSURED VEHICLE FROM ITS DEFINITION OF “UNINSURED VEHICLE”?
In addition, we certify conflict with Bulone v. United Services Automobile Association, 660 So. 2d 399 (Fla. 2d DCA 1995).
JOANOS, MICKLE and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State Farm Mut. Auto. Ins. Co. v. McCARTHY, 679 So. 2d 772 (Fla. 1996)…PER CURIAM. We review State Farm, Mutual Automobile v. McCarthy, 664 So. 2d 317 (Fla. 1st DCA 1995), in which the court affirmed on the authority of Warren v. Travelers Insurance Co., 650 So. 2d 1082 (Fla. 1st DCA 1995), and certified conflict with Bulone v. United Services Automobile Ass’n, 660 So. 2d 399 (Fla. 2d DCA 1995). T…
Authorities Cited
- Bulone v. United Servs. Auto. Ass'n, 660 So. 2d 399 (Fla. 2d DCA 1995)
- Warren v. The Travelers Ins. Co. & The Phoenix Ins. Co., 650 So. 2d 1082 (Fla. 1st DCA 1995)