ALLSTATE INSURANCE COMPANY, PETITIONER,
v.
JOSEPHINE CHASTAIN, INDIVIDUALLY AND AS THE ADMINISTRATRIX OF THE ESTATE OF WILLIAM WILBUR CHASTAIN, RESPONDENT
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By petition for writ of certiorari we have for review a decision of the District Court of Appeal, Third District. Allstate Insurance Company v. Chastain, Fla.App.1971, 251 So.2d 354.
Our initial consideration of the matter suggested a possible conflict on the same point of law between that decision and the decision of the District Court of Appeal, First District, in Gordon v. Phoenix Insurance Company, Fla.App.1970, 242 So.2d 485, giving us jurisdiction to review the cause under Article V, Section 4(2) of the Florida Constitution. For that reason we granted the petition and heard oral argument. Following argument and upon careful consideration of the briefs and record, however, we conclude no jurisdictional conflict is present. Therefore, the writ is hereby discharged.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, BOYD and DEKLE, JJ., concur.
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Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985)…involve the interpretation of a portion of the workers’ compensation statute which authorizes fees to expert witnesses. It also cited to its earlier decisions of Allstate Insurance Co. v. Chastain, 251 So. 2d 354 (Fla. 3d DCA 1971), writ discharged, 263 So. 2d 578 (Fla.1972), and Plever v. Bray, 266 So. 2d 54 (Fla. 3d DCA 1972), wherein it had relied upon Zabawczuk. The Fourth District in Tallardy properly determined that the narrow construction of the provision of the workers’ compensation statute by this C…
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United States Fid. & Guar. Co. v. State Farm Mut. Auto. Ins. Co., 369 So. 2d 410 (Fla. 3d DCA 1979)…insureds such as Mrs. Arevalo.6 E. g., Main Ins. Co. v. Wiggins, 349 So. 2d 638 (Fla. 1st DCA 1977); Dawson v. Blue Cross Association, 293 So. 2d 90 (Fla. 1st DCA 1974); Allstate Ins. Co. v. Chastain, 251 So. 2d 354 (Fla. 3d DCA 1971), cert. disch. 263 So. 2d 578 (Fla.1972); First National Ins. Co. of America v. Devine, 211 So. 2d 587 (Fla. 2d DCA 1968).7 There is no basis for ascribing such a sweeping effect to a single, perhaps inad [*413] vertently employed word, even one which appears in an opinion of ou…
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Gen. Accident Fire & Life Assurance Corp., Ltd. v. Means, 362 So. 2d 135 (Fla. 2d DCA 1978)…, 207 N.Y.S.2d 645 (Sup.Ct.1960). Allstate Insurance Company v. Chastain, 251 So. 2d 354 (Fla. 3d DCA 1971), sometimes cited as arriving at a different result, has been found not to be in conflict with Gordon. Allstate Insurance Company v. Chastain, 263 So. 2d 578 (Fla.1972). Parenthetically, we note that in the Gordon case, the injured plaintiff entered into a settlement with the operator of the motor vehicle and the operator’s liability insurance carrier, though not with the uninsured owner. The court foun…
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- Allstate Ins. Co. v. Chastain, 251 So. 2d 354 (Fla. 3d DCA 1971)
- Gordon v. The Phoenix Ins. Co., 242 So. 2d 485 (Fla. 1st DCA 1970)