STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT,
v.
STEVEN W. FUSILIER, APPELLEE

Fla. 2d DCA | 1980-01-04
No. 79-877
BOARDMAN and DANAHY, JJ., concur.
378 So. 2d 1310 Florida District Court of Appeal, Second District (1980)

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Synopsis

The court addresses whether Florida Statute § 627.4132 permits stacking uninsured motorist coverages when the insured is the named insured on one policy and his father is the named insured on three other policies, despite the general prohibition against stacking.


Holding

The court must determine if the last sentence of Florida Statute § 627.4132, which states the section does not apply to reduce coverage by reason of policies insuring different named insureds, allows Michael McLellan to stack uninsured motorist coverages from his father's policies.


Facts & Procedural History

Michael McLellan, insured under his own policy, was injured in an accident with an uninsured motorist while driving his car. His father, James McLella…

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Opinion of the Court
HOBSON, Acting Chief Judge.

HOBSON, Acting Chief Judge.

We reverse on the authority of State Farm Mutual Automobile Insurance Company v. Wimpee, 376 So. 2d 20 (Fla. 2d DCA 1979), and State Farm Mutual Automobile Insurance Company v. Kuhn, 374 So. 2d 1079 (Fla. 3d DCA 1979), and remand the cause for further proceedings.

REVERSED and REMANDED.

BOARDMAN and DANAHY, JJ., concur.


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