AMERICAN MOTORISTS INSURANCE COMPANY, APPELLANT,
v.
SHAUGHN C. BENNETT, APPELLEE

Fla. 3d DCA | 1982-06-29
No. 81-818
Before BARKDULL, SCHWARTZ and BASKIN, JJ.
415 So. 2d 897 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Rejecting each of the insurer’s points on appeal, we find no error in the trial court’s entry of summary judgment that the applicable uninsured motorist limits were $1,000,000, the amount of the underlying liability coverage, Travelers Ins. Co. v. Spencer, 397 So. 2d 358 (Fla. 1st DCA 1981); Ellison v. Anderson, 74 So. 2d 680 (Fla.1954); Inman v. Club on Sailboat Key, Inc., 342 So. 2d 1069 (Fla. 3d DCA 1977); or its submission to the jury of the issue of whether the plaintiff was a resident of the household of his father, the named insured, and was thus an additional insured under the applicable policy. See General Guaranty Ins. Co. v. Broxsie, 239 So. 2d 595 (Fla. 1st DCA 1970); State Farm Mutual Automobile Ins. Co. v. Elkins, 52 Cal.App.3d 534, 125 Cal.Rptr. 139 (1975); see generally, Puente v. Arroyo, 366 So. 2d 857 (Fla. 3d DCA 1979), cert. denied, 376 So. 2d 75 (Fla.1979), and cases cited.

Affirmed.


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  • Sealey v. Coronet Ins. Co., 487 So. 2d 89 (Fla. 3d DCA 1986)
    …sly entered below and must be reversed for further proceedings. See Larsen v. State Farm Mutual Automobile Insurance Co., supra; Travelers Indemnity Co. v. McClure, 432 So. 2d 158, 159 (Fla. 3d DCA 1983); American Motorists Insurance Co. v. Bennett, 415 So. 2d 897 (Fla. 3d DCA 1982); see generally Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Reversed and remanded.…
  • Travelers Indem. Co. v. McCLURE, 432 So. 2d 158 (Fla. 3d DCA 1983)
    …’s son Robert III, a college student at Gainesville, Florida, is a member of the same household as appellee, so as to permit stacking on Robert Ill’s policy, there is a genuine issue of material fact, see American Motorists Insurance Co. v. Bennett, 415 So. 2d 897 (Fla. 3d DCA 1982); United States Fidelity and Guaranty Co. v. Williams, 375 So. 2d 328 (Fla. 1st DCA 1979) (Smith, R.P., Jr., J., dissenting from denial of rehearing), as to whether this son, who apparently lived in Gainesville year-round and had r…

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