MICHAEL MCLELLAN, APPELLANT,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE
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This case addresses whether Florida Statute 627.4132, enacted to prevent stacking of uninsured motorist coverages, allows stacking when policies have different named insureds. The court determined that the statute's purpose was to eliminate stacking, and the final sentence did not create an exception for different named insureds.
No, Florida Statute 627.4132 does not permit stacking of uninsured motorist coverages even when the policies have different named insureds. The statute's primary purpose was to prohibit stacking.
[1] Florida Statute 627.4132 prohibits the stacking of uninsured motorist coverages when the insured or named insured is protected by multiple policies issued to the same nam…
[2] The last sentence of Florida Statute 627.4132, stating that the section shall not apply to reduce coverage available by reason of insurance policies insuring different na…
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Join FLexlaw to unlock all legal intelligence“WHETHER FLORIDA STATUTE 627.-4132 PERMITS THE PLAINTIFF, MICHAEL McLELLAN, WHO OWNS AN AUTOMOBILE AND HAS A POLICY OF INSURANCE ON WHICH HE IS THE NAMED INSURED, TO STACK THE UNINSURED MOTORIST COVERAGES AVAILABLE UNDER THREE POLICIES IN WHICH HIS FATHER, JAMES McLELLAN, IS THE NAMED INSURED.”
The certified question presented to the court.
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Join FLexlaw to unlock all legal intelligenceMichael McLellan, insured under his own auto policy, was injured by an uninsured motorist. His father owned three other vehicles, each insured by the …
The full statement of facts, procedural history, and disposition for this case are member content.
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DOWNEY, Chief Judge.
The Circuit Court of Orange County has certified to this Court the following question:
WHETHER FLORIDA STATUTE 627.-4132 PERMITS THE PLAINTIFF, MICHAEL McLELLAN, WHO OWNS AN AUTOMOBILE AND HAS A POLICY OF INSURANCE ON WHICH HE IS THE NAMED INSURED, TO STACK THE UNINSURED MOTORIST COVERAGES AVAILABLE UNDER THREE POLICIES IN WHICH HIS FATHER, JAMES McLELLAN, IS THE NAMED INSURED.
Attached to the Certified Question is a stipulation of facts upon which the question should be resolved. It appears therefrom that the plaintiff, Michael McLellan, age 28, lives with his father. On December 16, 1976, while driving his own car, Michael was involved in an automobile accident with an uninsured motorist. Michael’s vehicle was insured by defendant, State Farm Mutual Automobile Insurance Co., and said carrier paid Michael $15,000 pursuant to the uninsured motorist provisions of said policy.
Michael’s father owns three automobiles, all insured by State Farm. Michael contends in this litigation that he is entitled to stack the uninsured motorist coverage contained in each of those three policies on to the coverage contained in the policy on his own car. Thus, the certified question.
It appears conceded that prior to the passage of Section 627.4132, Florida Statutes (1976), Michael would have been entitled to stack the uninsured motorist coverage contained in his father’s three policies upon his own.1 However, in 1976 the Legislature passed the aforementioned statute which provides:
“If an insured or named insured is protected by any type of motor vehicle insurance policy for liability, uninsured motorist, personal injury protection, or any other coverage, the policy shall provide that the insured or named insured is protected only to the extent of the coverage he has on the vehicle involved in the accident. However, if none of the insured’s or named insured’s vehicles is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with applicable coverage. Coverage on any other vehicles shall not be added to or stacked upon that coverage. This section shall not apply to reduce the coverage available by reason of insurance policies insuring different named insureds.”
The obvious purpose of the statute is to prohibit the stacking of coverages and to restrict an insured or named insured to the coverage contained in the policy covering the vehicle he was operating. Or if the vehicle involved in the accident is not owned by insured or named insured, then coverage is available only to the extent of coverage on any one vehicle with applicable coverage. However, .it is the last sentence of the statute which is not clear and constitutes the issue to be resolved on this appeal.
Plaintiff contends that the purpose to be served by inclusion of the last sentence was to permit stacking of coverage only in the case where the policies involved were issued to different named insureds. In this case Michael was the named insured on his policy and his father was the named insured on his three policies, thus Michael argues the last sentence preserves his right to stack.
Defendant, on the other hand, contends that the Legislative purpose in passing Section 627.4132, supra, was to eliminate stacking entirely. Therefore, in construing the statutory section involved we must seek to arrive at a construction which will effectuate that purpose, State ex rel. Triay v. Barr, 79 Fla. 290, 84 So. 61 (1920), and avoid any construction which would impair, nullify or defeat the result intended, or produce unreasonable, absurd or ridiculous consequences. City of St. Petersburg v. Siebold, 48 So. 2d 291 (Fla.1950).
Defendant suggests the last sentence was added so that in applying this section to an injured person to whom several policies are applicable the injured person can recover on the policy providing the largest coverage. In other words, if the injured person would ordinarily be entitled to coverage under several policies he is entitled to the benefits of the policy affording the largest amount of insurance coverage. Construed in that fashion, the section will not apply to reduce the maximum coverage contained in any one applicable policy.
Adhering to the rules of statutory construction, we are compelled to agree that the defendant’s construction is the only one which we can conceive of which is consistent with what we perceive to be the legislative intent in passing the section in question. Plaintiff has attached an affidavit from a member of the Legislature at the time the act in question was passed stating his view of what the Legislature intended by the provision in question. However, such proof is generally not accepted as admissible evidence to demonstrate legislative intent. Security Feed and Seed Co. v. Lee, 138 Fla. 592, 189 So. 869 (1939).
In view of the foregoing, the certified question is answered in the negative.
Accordingly, this cause is remanded to the trial court for further proceedings.
LETTS and MOORE, JJ., concur. . Tucker v. Government Employees Insurance Company, 288 So. 2d 238 (Fla.1973); Sellers v. United States Fidelity and Guaranty Company, 185 So. 2d 689 (Fla.1966); Sellers v. Government Employees Insurance Company, 214 So. 2d 879 (Fla. 1st DCA 1968).
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Dep't OF Legal Affairs v. Sanford-Orlando Kennel Club, Inc., 434 So. 2d 879 (Fla. 1983)…ity in the statute. State ex rel. Florida Jai Alai, Inc. v. State Racing Commission, 112 So. 2d 825 (Fla.1959); Florida State Racing Commission v. McLaughlin, 102 So. 2d 574 (Fla.1958). Compare McLellan v. State Farm Mutual Automobile Insurance Co., 366 So. 2d 811 (Fla. 4th DCA 1979), disapproved on other grounds, South Carolina Insurance Co. v. Kokay, 398 So. 2d 1355 (Fla.1981) (legislator’s affidavit as to what transpired during passage of bill not admissible to show legislative background). See generally 3…
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In the Interest of J. L. P., 416 So. 2d 1250 (Fla. 4th DCA 1982)…ust prevail.” In Re Camm, 294 So. 2d 318, 320 (Fla.1974). Third, in construing legislation, we must avoid any construction that would produce an unreasonable, absurd, or ridiculous consequence. McLellan v. State Farm Mutual Automobile Insurance Co., 366 So. 2d 811 (Fla. 4th DCA 1979). We are not insensitive to appellant’s plight, which is woeful, and her circumstances are a stark reminder that life can be wretched in this country at this time for the poverty stricken. Furthermore, as this court said in Wrigh…
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State Farm Mut. Auto. Ins. Co. v. Kuhn, 374 So. 2d 1079 (Fla. 3d DCA 1979)…two fold purpose: (1) to prohibit the stacking of coverages, and (2) to restrict an insured to the coverage contained in the policy covering the vehicle which he was operating at the time of the accident. McLellan v. State Farm Mut. Auto. Ins. Co., 366 So. 2d 811, 812 (Fla. 4th DCA 1979). Kuhn’s motorcycle being the vehicle involved in accident, Kuhn is restricted to the coverage in the policy issued on the motorcycle. Having rejected uninsured motorist coverage thereon, he is not entitled to the uninsured m…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Burr, 79 Fla. 290 (Fla. 1920)
- Sellers v. United States Fid. & Guar. Co., 185 So. 2d 689 (Fla. 1966)
- City of St. Petersburg v. Siebold, 48 So. 2d 291 (Fla. 1950)
- Tucker v. Gov't Emps. Ins. Co., 288 So. 2d 238 (Fla. 1973)
- Sellers v. Gov't Emps. Ins. Co., 214 So. 2d 879 (Fla. 1st DCA 1968)
- Sec. Feed & Seed Co. v. Lee, 138 Fla. 592 (Fla. 1939)