LILLIAN FIGUEREDO, APPELLANT,
v.
LEATHERBY INSURANCE COMPANY, AND GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLEES
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A person injured by another's negligence while operating a vehicle with permission can stack their own uninsured motorist coverage with the owner's coverage.
Appellant, an insured, was injured by a negligent driver while operating a vehicle with the owner's permission. The insurers denied coverage, leading …
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PER CURIAM.
Appellant, defendant/counter-plaintiff/ third party plaintiff seeks reversal of a summary final declaratory judgment and an amended summary final declaratory judgment entered in the Circuit Court of Dade County, Florida in a dispute as to insurance coverage between the two insurers and the insured.
The trial court found that there existed no genuine issues of material fact and rendered summary final declaratory “no coverage” judgment in favor of appellees, Leath-erby and Geico. We find error and reverse.
We hold that a person who is operating a vehicle with the owner’s permission and is injured by the negligence of a driver of another automobile may “stack” his own uninsured motorist coverage with that of the vehicle’s owner in order to recover an amount in excess of the tortfeasor’s liability coverage pursuant to Section 627.727(2)(b), Florida Statutes (1975) 1.
The judgments appealed are reversed on the authority of Cox v. State Farm Mutual Automobile Insurance Co., 378 So. 2d 330 (Fla.2d DCA 1980); Lezcano v. Leatherby Insurance Co., 372 So. 2d 214 (Fla.4th DCA 1979) and United States Fidelity & Guaranty Co. v. Curry, 371 So. 2d 677 (Fla.3d DCA 1979), cert. granted, 395 So. 2d 530 (Fla.1980).
Reversed and remanded.
. This accident occurred in 1975; therefore, the “antistacking” statute, Section 627.4132, enacted in 1976, is not applicable.
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Se. Fid. Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981)…y to secure the judgment, it lost nothing. Under our law, a technical and illusory “loss” of this kind cannot result in the forfeiture of insurance coverage. Affirmed. . In the light of our intervening decisions in Figueredo v. Leatherby Ins. Co., 392 So. 2d 287 (Fla. 3d DCA 1980) and State Farm Mut. Auto. Ins. Co. v. Colonial Penn Ins. Co., 379 So. 2d 1036 (Fla. 3d DCA 1980), the carrier does not contest the resolution against it below of the coverage question which remained open at the time of our first o…
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Pruitt v. State, 403 So. 2d 988 (Fla. 2d DCA 1980)…ever, we remand for resen-tencing. Appellant was convicted of attempted possession of more than 100 pounds of marijuana. This court has recently held possession of more than 100 pounds of marijuana to be a third — degree felony. Carvajal v. State, 392 So. 2d 287 (Fla.2d DCA 1980); Reinersman v. State, 382 So. 2d 325 (Fla. 2d DCA 1980). Section 777.04(4)(d), Florida Statutes (1979), then requires that attempted possession be a first — degree misdemeanor. The maximum punishment for a first-degree misdemeanor…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- COX v. State Farm Mut. Auto. Ins. Co., 378 So. 2d 330 (Fla. 2d DCA 1980)
- United States Fid. & Guar. Co. v. Curry, 371 So. 2d 677 (Fla. 3d DCA 1979)
- Bennett S. Cohn v. World Casino Tours, Inc., 372 So. 2d 214 (Fla. 3d DCA 1979)
- United States Fid. & Guar. Co. v. Curry, 395 So. 2d 530 (Fla. 1981)