MAURICE SIRANTOINE AND PIERETTE SIRANTOINE, INDIVIDUALLY AND AS HUSBAND AND WIFE, APPELLANTS,
v.
ILLINOIS EMPLOYERS INSURANCE OF WAUSAU, APPELLEE

Fla. 3d DCA | 1983-10-11
No. 83-474
Before BARKDULL, NESBITT and JORGENSON, JJ.
438 So. 2d 985 Florida District Court of Appeal, Third District (1983) Caution
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and remand with directions to enter judgment for the Sirantoines upon a holding that an excess insurer must offer uninsured motorist coverage equal to the excess limits of bodily injury liability, notwithstanding a rejection of uninsured motorist coverage in the primary policy. See First State Insurance Co. v. Stubbs, 418 So. 2d 1114 (Fla. 4th DCA 1982), review denied, 426 So. 2d 26 (Fla.1983); § 627.-727(1), Fla.Stat. (1981).

Reversed and remanded with directions to enter judgment for the defendants below.


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  • Ferreiro v. Philadelphia Indem. Ins. Co., 816 So. 2d 140 (Fla. 3d DCA 2002)
    …. v. Avila), we find nothing whatever to recommend this contention.2 It is well settled that excess coverage may arise by statutory requirement, even when no underlying or primary UM coverage exists at all. See Sirantoine v. Illinois Employers Ins., 438 So. 2d 985 (Fla. 3d DCA 1983)(excess carrier required to offer UM even though insured has specifically rejected primary UM); Aetna Casualty & Surety Co. v. Green, 327 So. 2d 65 (Fla. 1st DCA 1976), cert. denied, 336 So. 2d 1179 (Fla.1976)(same). In any event,…
  • Williams v. Albertson's, Inc., 879 So. 2d 657 (Fla. 5th DCA 2004)
    …nstead of filing a complaint on Williams’ behalf. The remaining cases cited by Williams are also distinguishable because they involve situations where the courthouse was closed on a weekend or holiday on the last day to file. See Thorney v. Clough, 438 So. 2d 985 [Fla. 3d DCA 1983) (weekend and legal holiday); Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla. 2d DCA 1976) (weekend); Herrero v. Black & Decker Mfg. Co., 275 So. 2d 54 (Fla. 3d DCA) (weekend), approved by Black & [*660] Decker Mfg. Co. v.…
  • Spira v. Guar. Nat'l Ins. Co., 468 So. 2d 540 (Fla. 4th DCA 1985)
    …not reveal any evidence that the carrier offered uninsured motorist coverages equal to excess liability limits pursuant to section 627.-727(1), Florida Statutes (1983). We base our decision upon Sirantoine v. Illinois Employers Insurance of Wausau, 438 So. 2d 985 (Fla. 3d DCA 1983), and First State Insurance Co. v. Stubbs, 418 So. 2d 1114 (Fla. 4th DCA 1982). We remand for a new trial as to the remaining unanswered jury questions, that is to say, the permanency of the alleged injury and amount of damages.…

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