MARSHA HARRIS, APPELLANT,
v.
GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORP., LTD., A CORPORATION, TROPICANA PRODUCTS, INC., A CORPORATION, AND CLYDE ELDON STEWART, APPELLEES
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DANAHY, Judge.
In this case the trial judge upheld the constitutionality of section 627.7262, Florida Statutes (Supp.1982), and applied it to an action founded on an automobile accident which occurred on March 14, 1980. The statute became effective on October 1, 1982.
In the recent case of VanBibber v. Hartford Accident & Indemnity Insurance Co., 439 So. 2d 880 (Fla.1983), our supreme court ruled that the statute is constitutional and that it may not be applied retroactively to causes of action accruing prior to its effective date.
Therefore, we affirm the trial court’s ruling on the constitutionality of the statute, but reverse the court’s retroactive application of the statute to this case.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.
RYDER, A.C.J., and LEHAN, J., concur.
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Citator
Cited By
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Beaupre v. Casper Paul Testa, 449 So. 2d 311 (Fla. 2d DCA 1984)…80 (Fla.1983), holds section 627.7262 to be constitutional and not applicable to causes of action predicated on events occurring prior to the effective date of the statute. This court in Harris v. General Accident, Fire & Life Assurance Corp., Ltd., 442 So. 2d 294 (Fla. 2d DCA 1983), applied VanBibber to re [*312] verse the trial court’s dismissal of the ap-pellee insurance company as a party defendant. We are required by VanBibber and Harris to do likewise. Appellant also raises as error the failure of the…
Authorities Cited
- Ara Williams VanBIBBER v. Hartford Accident & Indem. Ins. Co., 439 So. 2d 880 (Fla. 1983)