THE STATE OF FLORIDA, APPELLANT,

v.

LUCIANO MORRA, MARIA M. MORRA, GLEN HARDEN, EMANUELLE SCAVVZZO, DENNIS SCHMIDT, DEAN M. MESSICK, GUSTAVO A. ESCOBAR, APPELLEES

Citator

Cited By

• NEW Hampshire Ins. Co. v. Knight, 506 So. 2d 75 (Fla. 5th DCA 1987)
  …quires that the tort-feasor’s policy limits be first exhausted before a claim can be made for underinsured coverage. This contention has been squarely rejected by other courts which have considered it. In Abberton v. Colonial Penn Insurance Company, 421 So. 2d 6 (Fla. 2d DCA 1982), cert. denied, 430 So. 2d 450 (Fla.1983) the court said: The enactment of this section had no effect on section 627.727(1) which still provides that the coverage is over and above but shall not duplicate the benefits available to…
• Reliance Ins. Co. v. Transamerica Ins. Co., 826 So. 2d 998 (Fla. 3d DCA 2001)
  …000] to be reached when the terms of the contract demand it. 23 F. 2d at 666. The Zeig court allowed the insured to proceed against the excess carrier for the amount of loss which exceeded $15,000. See id. ; cf. Abberton v. Colonial Penn Ins. Co., 421 So. 2d 6, 8 (Fla. 2d DCA 1982)(“an injured person is not required to settle his claim for damages for the entire limits of a tort-feasor’s liability coverage as a condition precedent to seeking recovery against his own [uninsured motorist] insurer for damage…

Authorities Cited

• Rodriguez v. State, 297 So. 2d 15 (Fla. 1974)