JUAN AND ALINA YOUNG, HIS WIFE, APPELLANTS,
v.
PROGRESSIVE SOUTHEASTERN INSURANCE COMPANY, APPELLEE

Fla. 2d DCA | 1998-06-24
No. 97-02776
THREADGILL, A.C.J., and PATTERSON and FULMER, JJ., concur.
712 So. 2d 460 Florida District Court of Appeal, Second District (1998) Negative Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In this appeal, Juan and Alina Young challenge the summary judgment entered in favor of Progressive Southeastern Insurance Company based on the holding in Amica Mutual Insurance Co. v. Amato, 667 So. 2d 802 (Fla. 4th DCA 1995). We affirm. See Comesanas v. Auto-Owners Ins. Co., 700 So. 2d 118 (Fla. 2d DCA 1997). We also certify the following question as one of great public importance:

IS A POLICY PROVISION WHICH EXCLUDES A VEHICLE OWNED OR OPERATED BY A SELF-INSURER FROM THE DEFINITION OF “UNINSURED MOTOR VEHICLE” FOR PURPOSES OF UNINSURED/UNDER-INSURED MOTORIST COVERAGE PERMISSIBLE UNDER FLORIDA LAW AND PUBLIC POLICY?

THREADGILL, A.C.J., and PATTERSON and FULMER, JJ., concur.


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  • Young v. Progressive Se. Ins. Co., 753 So. 2d 80 (Fla. 2000)
    …DES A VEHICLE OWNED OR OPERATED BY A SELF-INSURER FROM THE DEFINITION OF “UNINSURED MOTOR VEHICLE” FOR PURPOSES OF UNINSURED/UNDERINSURED MOTORIST COVERAGE PERMISSIBLE UNDER FLORIDA LAW AND PUBLIC POLICY? Young v. Progressive Southeastern Ins. Co., 712 So. 2d 460, 461 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We answer the certified question in the negative because the exclusion, which operates to prevent an insured from seeking either uninsured or underinsured motorist cov…
  • United Servs. Auto. Ass'n v. Phillips, 740 So. 2d 1205 (Fla. 2d DCA 1999)
    …agreement with Amato. Since that time, however, we have certified as being of great public importance the question whether the self-insurer exclusion is permissible under Florida law and public policy. See Young v. Progressive Southeastern Ins. Co., 712 So. 2d 460 (Fla. 2d DCA 1998), review granted, 728 So. 2d 206 (Fla.1998). . In Gabriel v. Travelers Indem. Co., 515 So. 2d 1322, 1324 (Fla. 3d DCA 1987), the court noted that fact: "The stipulated record before us disclosed that the City is financially respon…

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