STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ETC., APPELLANT,
v.
CHRISTINE L. TAYLOR, APPELLEE
ORFINGER, Chief Judge.
The trial court permitted stacking of uninsured motorist coverages under two policies, one issued to Thomas C. Taylor and Sonia S. Taylor, and the other issued to Thomas Taylor. State Farm appeals. We reverse.
To permit stacking of these policies would in this instance be a violation of section 627.4132, Florida Statutes (1979), which prohibits stacking of insurance policies involving the same named insured. See South Carolina Insurance Company v. Kokay, 398 So. 2d 1355 (Fla.1981). Although we have been urged not to follow it, we agree that the opinion in Lowry v. State Farm Mutual Automobile Insurance Company, 421 So. 2d 668 (Fla. 3d DCA 1982) correctly interprets the law under facts similar to these.
The final judgment is reversed with directions to enter judgment for appellant.
REVERSED.
COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Allstate Ins. Co. v. Roberts, 444 So. 2d 573 (Fla. 4th DCA 1984)…on 627.4132, Florida Statutes (1977), which prevents stacking separate policies involving the same named insured.” 421 So. 2d at 669. The 1977 version of the statute is the same as the 1979 version. See State Farm Mut. Automobile Ins. Co. v. Taylor, 434 So. 2d 37 (Fla. 5th DCA 1983), which involves similar facts, the 1979 statute, and follows Lowry, and State Farm Mut. Automobile Ins. Co. v. Northrop, 437 So. 2d 706 (Fla. 1st DCA 1983) wherein the first district held on the narrow issue of statutory construc…
Authorities Cited
- State v. Pierpont, 398 So. 2d 1355 (Fla. 1981)
- Lowry v. State Farm Mut. Auto. Ins. Co., 421 So. 2d 668 (Fla. 3d DCA 1982)