JOANN SCHARFSCHWERDT, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF OTTO SCHARFSCHWERDT, A MINOR, APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, ETC., APPELLEE
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COWART, Judge.
In accordance with Lackore
we agree that the rationale of Dewberry
was not affected by the 1979 amendment to section 627.727(1), Fla.Stat. (1975) and, consistent with cases from other district courts of appeal,3 we now explicitly4 hold that:
Where two tortfeasors are jointly and severally liable for damages caused to a third person in an automobile accident, although one tortfeasor is uninsured or underinsured, if the other tortfeasor has liability insurance with policy limits equal to, or greater than, those contained in uninsured motorist coverage possessed by the injured third person, the injured third person cannot recover under his own uninsured motorist policy,
AFFIRMED.
COBB and SHARP, JJ., concur. . Hartford Accident & Indemnity Co. v. Lackore, 408 So. 2d 1040 (Fla.1982).
. Dewberry v. Auto-Owners Insurance Co., 363 So. 2d 1077 (Fla.1978).
. See United States Fidelity & Guaranty Co. v. Timon, 379 So. 2d 113, (Fla. 1st DCA 1979); Behrmann v. Industrial Fire & Casualty Insurance Co., 374 So. 2d 568 (Fla. 3d DCA 1979); Travelers Insurance Co. v. Wilson, 371 So. 2d 145 (Fla. 3d DCA 1979), cert. den. 385 So. 2d 762 (Fla.1980); Yaden v. Hanover Insurance Co., 375 So. 2d 5 (Fla. 4th DCA 1979), cert. den. 383 So. 2d 1205 (Fla.1980).
.We have, without articulating it, applied the principle stated in this case in our Per Curiam Affirmed decision in Sparks v. Allstate Insurance Company, 413 So. 2d 899 (Fla. 5th DCA 1982).
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Gov't Emps. Ins. Co. v. Battaglia, 503 So. 2d 358 (Fla. 5th DCA 1987)…seeking a determination that it was not liable for uninsured motorist coverage of the incident due to the available FFB coverage, which was in an amount equal to the uninsured motorists coverage. See [*360] Scharfschwerdt v. Allstate Insurance Co., 430 So. 2d 578 (Pla. 5th DCA 1983); Wausau Underwriters Ins. Co. v. Taubler, 448 So. 2d 545 (Fla. 5th DCA 1984). On March 22, 1985, the circuit court, acting on GEICO’s motion, entered an order staying arbitration. Motions for summary judgment by the parties in t…
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Rook v. Allstate Ins. Co., 436 So. 2d 196 (Fla. 2d DCA 1983)…PER CURIAM. Affirmed. Scharfschwerdt v. Allstate Insurance Co., 430 So. 2d 578 (Fla. 5th DCA May 4, 1983). BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.…
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Bayles v. State Farm Mut. Auto. Ins. Co., 483 So. 2d 402 (Fla. 1985)…e purpose for which UM coverage is mandated is not called into play. We note in passing that the other district courts have all reached the same result as the Fourth District sub judice, and as we do today. Scharfschwerdt v. Allstate Insurance Co., 430 So. 2d 578 (Fla. 5th DCA 1983); Craft v. Government Employees Insurance Co., 432 So. 2d 1343 (Fla. 2d DCA), review denied, 440 So. 2d 351 (Fla.1983); United States Fidelity & Guaranty Co. v. Timon, 379 So. 2d 113 (Fla. 1st DCA 1979); Travelers Insurance Co. v.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dewberry v. Auto-Owners Ins. Co., 363 So. 2d 1077 (Fla. 1978)
- The Travelers Ins. Co. v. Laurence H. Wilson, 371 So. 2d 145 (Fla. 3d DCA 1979)
- Hartford Accident & Indem. Co. v. Lackore, 408 So. 2d 1040 (Fla. 1982)
- United States Fid. & Guar. Co. v. Timon, 379 So. 2d 113 (Fla. 1st DCA 1979)
- Baldwin v. State, 374 So. 2d 568 (Fla. 3d DCA 1979)
- Behrmann v. Indus. Fire & Cas. Ins. Co., 374 So. 2d 568 (Fla. 3d DCA 1979)
- Yaden v. Hanover Ins. Co., 375 So. 2d 5 (Fla. 4th DCA 1979)