LIBERTY MUTUAL INSURANCE COMPANY, APPELLANT,
v.
WILLIAM J. DWYER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TIMOTHY LEE DWYER, DECEASED, APPELLEE
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PER CURIAM.
Liberty Mutual Insurance Company appeals from a judgment declaring that plaintiff’s decedent, Timothy Dwyer, was entitled to uninsured motorist coverage under a policy issued by Liberty Mutual to Auto Rental Corporation. The trial court found, and it is undisputed here, that neither Liberty Mutual nor its agent complied with Section 627.727(1), Florida Statutes (1979), in that Dwyer, a long-term lessee, had never been given the opportunity to reject uninsured motorist coverage. Since appellants have failed to satisfy their statutory duty, we affirm the trial court in its coverage determination. See Midland Ins. Co. v. Hochberg, 394 So. 2d 449 (Fla. 3d DCA), pet. for rev. den. 402 So. 2d 611 (Fla.1981).
Having concluded the trial court correctly determined coverage, we nevertheless vacate the award of attorney’s fees, without prejudice to re-apply to the trial court for fees. Our view is that the attorney’s fees’ determination is directly related to the damage issue yet to be decided.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Padron v. H.W.G. Leasing, Inc., 436 So. 2d 982 (Fla. 3d DCA 1983)…rist coverage. Because appellees failed to satisfy their statutory duty, we reverse the trial court’s Summary Final Judgment for Liberty Mutual and remand with instructions to enter summary judgment for Padron. Liberty Mutual Insurance Co. v. Dwyer, 421 So. 2d 587 (Fla. 3d DCA 1982). Although we agree that if Liberty Mutual had failed to insure Padrón H.W.G. might be liable for breach of contract to obtain coverage, our decision establishing liability on the part of Liberty Mutual renders that issue moot. Rev…
Authorities Cited
- Midland Ins. Co. & Genway, Inc. v. Hochberg, 394 So. 2d 449 (Fla. 3d DCA 1981)