ALLSTATE INSURANCE COMPANY, APPELLANT,
v.
SERGIO ALVAREZ AND ANTONIO ALVAREZ, APPELLEES

Fla. 3d DCA | 1982-04-27
No. 81-380
Before SCHWARTZ, NESBITT and JOR-GENSON, JJ.
414 So. 2d 224 Florida District Court of Appeal, Third District (1982) Negative Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

For the reasons expressed in Indomenico v. State Farm Mutual Automobile Insurance Co., 388 So. 2d 29 (Fla. 3d DCA 1980) and State Farm Mutual Automobile Insurance Co. v. Kuhn, 374 So. 2d 1079 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1197 (Fla.1980), the declaratory judgment finding that uninsured motorist benefits were available to the Alvarezes is reversed and remanded for the entry of a judgment determining that there is no such coverage afforded.

Reversed and remanded with directions.

Other

In accordance with Article V, Section 4 of the Florida Constitution, we certify that the decision rendered by this court in this case is in direct conflict with the decision rendered by the District Court of Appeal, Fifth District, in Harbach v. New Hampshire Insurance Group, 413 So. 2d 1216 (Fla. 5th DCA 1982).

Appellees’ motion for rehearing is denied.

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  • Prudential Prop. & Cas. Ins. Co. v. Lark Lynette Lambert, 444 So. 2d 8 (Fla. 1983)
    …s Lambert v. Prudential Property and Casualty Insurance Co., 426 So. 2d 1194 (Fla. 4th DCA 1983). We find direct conflict with Vetter v. State Farm Mutual Automobile Insurance Co., 423 So. 2d 991 (Fla.3d DCA 1982); Allstate Insurance Co. v. Alvarez, 414 So. 2d 224 (Fla. 3d DCA 1982); Indomenico v. State Farm Mutual Automobile Insurance Co., 388 So. 2d 29 (Fla. 3d DCA 1980); State Farm Mutual Automobile Insurance Co. v. Wimpee, 376 So. 2d 20 (Fla. 2d DCA 1979), cert. denied, 385 So. 2d 762 (Fla.1980); and Stat…
  • NEW Hampshire Ins. Grp. v. Harbach, 439 So. 2d 1383 (Fla. 1983)
    …motor vehicle. The district court of appeal held that the uninsured motorist statute in existence at the time this case arose prohibited this type of exclusion in an insurance contract. We find direct conflict with Allstate Insurance Co. v. Alvarez, 414 So. 2d 224 (Fla. 3d DCA 1982); Indomenico v. State Farm Mutual Automobile Insurance Co., 388 So. 2d 29 (Fla. 3d DCA 1980); State Farm Mutual Automobile Insurance Co. v. Wimpee, 376 So. 2d 20 (Fla. 2d DCA 1979), cert. denied, 385 So. 2d 762 (Fla.1980); and Stat…
  • State Farm Mut. Auto. Ins. Co. v. Lewis, 425 So. 2d 603 (Fla. 4th DCA 1982)
    …s similar to that in the instant case: Indomenico v. State Farm, 388 So. 2d 29 (Fla. 3d DCA 1980); State Farm v. Wimpee, 376 So. 2d 20 (Fla. 2d DCA 1979); State Farm v. Kuhn, 374 So. 2d 1079 (Fla. 3d DCA 1979); Allstate Insurance Company v. Alvarez, 414 So. 2d 224 (Fla. 3d DCA 1982); and McLellan v. State Farm Mutual Automobile Insurance Co., 366 So. 2d 811 (Fla. 4th DCA 1979). We agree that most of these eases appear to support the proposition that section 627.-4132 constitutes a legislative overruling of th…

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