MARGARET ANN DICKEY, APPELLANT,
v.
GRANGE MUTUAL CASUALTY COMPANY, APPELLEE

Fla. 2d DCA | 1979-05-16
No. 78-911
HOBSON, Acting C. J., and OTT, J., concur.
370 So. 2d 1234 Florida District Court of Appeal, Second District (1979) Positive Treatment
Cited by 10 cases

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Synopsis

Dickey appeals a trial court order modifying an arbitration award in her uninsured motorist claim against Grange Mutual, reducing the award to zero. The court holds that uninsured motorist coverage is excess coverage only and does not apply where the tortfeasor's liability insurance is available to compensate the insured, even if the damages exceed that tortfeasor's coverage limits.


Holding

Uninsured motorist coverage is excess coverage only and applies only to damages not otherwise available from the tortfeasor's liability insurance. Where liability coverage from the tortfeasor is available, the uninsured motorist carrier is not liable, even if the total damages exceed the tortfeasor's coverage limits.


Headnotes

[1] Uninsured motorist coverage is excess over, but shall not duplicate, benefits available to an insured under other applicable coverages or from a liable party.

[2] An uninsured motorist carrier is not liable for the full amount of an insured's damages when the tortfeasor's liability insurance coverage is available and sufficient to…

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Key Quotes

“The coverage provided under this section shall be excess over, but shall not duplicate the benefits available to an insured under, any workmen's compensation law, personal injury protection benefits, disability benefits law, or any similar law; under any automobile liability or automobile medical expense coverages; or from the owner or operator of the uninsured motor vehicle or any other person or organization jointly or severally liable together with such owner or operator for the accident.”

Establishes that uninsured motorist coverage is excess coverage that does not duplicate benefits available from other sources including the tortfeasor's liability insurance

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Facts & Procedural History

Dickey was injured as a passenger in a vehicle operated by Frances Ballard. Ballard had $10,000 in liability insurance. Dickey held a $20,000 uninsure…

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Opinion of the Court
BOARDMAN, Judge.

BOARDMAN, Judge.

Appellant Margaret Ann Dickey appeals the final judgment entered in favor of appellee Grange Mutual Casualty Company.

Dickey was injured in an automobile accident while a passenger in a vehicle operated by Frances Ballard. At the time of the accident Frances Ballard had liability insurance in the amount of $10,000. Dickey held an uninsured motorist policy issued by Grange with a limit of $20,000. Dickey determined that her injuries were in excess of Ballard’s liability coverage and brought an uninsured motorist claim against Grange. Grange participated in an arbitration proceeding with Dickey. The arbitration panel filed its amended award of arbitration which provided:

AS A RESULT OF THE NEGLIGENCE OF FRANCES BALLARD IN THE OPERATION OF A MOTOR VEHICLE IN WHICH MARGARET A. DICKEY WAS A PASSENGER, MARGARET A. DICKEY, SUSTAINED TOTAL DAMAGES IN THE AMOUNT OF SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($7,500.00), IN ADDITION TO PERSONAL INJURY PROTECTION BENEFITS PREVIOUSLY PAID BY GRANGE MUTUAL CASUALTY COMPANY.

Dickey filed a motion to confirm the arbitration award. Grange filed a motion to modify or vacate the award and an objection to the motion to confirm the arbitration award. At the hearing on these motions Dickey argued that the court should enter judgment against Grange for the entire amount of the arbitration award. Grange contended that since the amount of the arbitration award did not exceed the limits of Ballard’s liability insurance Grange was not liable for any amount. The trial court ordered the arbitration award be modified to provide that “no portion of this award shall be payable” by Grange. It then confirmed the award as modified. This appeal was filed timely from that order. Appellant, relying on Arrieta v. Volkswagen Ins. Co., 343 So. 2d 918 (Fla. 3d DCA 1977), argues that since she has a right to compel arbitration with her uninsured motorist carrier prior to instituting an action against the tortfeasor she has a right to entry of judgment against her carrier based on the arbitration award. However, Arrie-ta does not provide authority for this position. The issue in Arrieta was whether the insured could compel arbitration with his uninsured motorist carrier prior to initiation of an action against the tortfeasor. That court held that it could. The court expressly stated that it was not considering the extent of the uninsured carrier’s coverage where the tortfeasor had liability insurance, that is whether it was the excess over the amount available from this tortfeasor or the full amount of the damages. This is essentially the question before us.

The purpose of uninsured motorist protection is to assure individuals that certain levels of compensation will be available to them regardless of the limits of any liability policy carried by the tortfeasor. Up to the limits of the policy the uninsured carrier is responsible for compensating the victim for damages which are not otherwise available. See Dewberry v. Auto-Owners Ins. Co., 363 So. 2d 1077 (Fla.1978); § 627.727(1), Fla. Stat. (1977):

The coverage provided under this section shall be excess over, but shall not duplicate the benefits available to an insured under, any workmen’s compensation law, personal injury protection benefits, disability benefits law, or any similar law; under any automobile liability or automobile medical expense coverages; or from the owner or operator of the uninsured motor vehicle or any other person or organization jointly or severally liable together with such owner or operator for the accident.

We see no reason to expand the liability of the uninsured carrier to the full amount of the damages where benefits from the tortfeasor are available to the insured. See United States Fidelity & Guaranty Co. v. Gordon, 359 So. 2d 480 (Fla. 1st DCA 1978).

AFFIRMED.

HOBSON, Acting C. J., and OTT, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Kenilworth Ins. Co. v. Drake, 396 So. 2d 836 (Fla. 2d DCA 1981)
    …n be no denial that it firmly established that any liability insurance carried by either or both of the tort-feasors must be credited against UMC. Jones v. Travelers Indemnity Co. of Rhode Island, 368 So. 2d 1289 (Fla.1979); Dickey v. Grange Mutual, 370 So. 2d 1234 (Fla. 2d DCA 1979). In the instant case, however, the difficult question lies at the threshold: has there been a binding determination that appellant was at least partially responsible for the accident? Normally, that question is quite critical to a…
  • Bruno v. Travelers Ins. Co., 386 So. 2d 251 (Fla. 3d DCA 1980)
    …727(1) Florida Statutes (1977) expressly states that UM coverage provides protection only to the extent that it is in excess of, and does not duplicate benefits available to the claimant from the tortfeasor. See Dickey v. Grange Mutual Casualty Co., 370 So. 2d 1234 (Fla. 2d DCA 1979). It has been held — we think correctly —that, under this provision, Bruno would have no right to recovery from Travelers simply because the damages awarded by the arbitrators were less than the limits of [*253] the GEICO policy, w…
  • Gov't Emps. Ins. Co. v. Lang, 387 So. 2d 976 (Fla. 2d DCA 1980)
    …efusing to allow the setoff. Uninsured and underin-sured motorist insurance provides coverage in excess of, but does not duplicate, benefits available to the insured from the tortfeasor. § 627.727(1), Fla.Stat.; Dickey v. Grange Mutual Casualty Co., 370 So. 2d 1234 (Fla. 2d DCA 1979). We can find no authority for appellee’s contention that only benefits “actually received” by the insured can be applied as an offset against his uninsured/underinsured motorist coverage. There is nothing in the statute or elsewh…

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