HARRY SPIRA AND PEGGY SPIRA, HIS WIFE, APPELLANTS,
v.
GUARANTY NATIONAL INSURANCE COMPANY, APPELLEE
PER CURIAM.
We reverse the appealed judgment which reflects the jury verdict finding that appellants did not have excess uninsured motorist coverage with appellee insurance carrier. We do this because the record does 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.
Reversed and remanded.
HURLEY, WALDEN and BARKETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United Servs. Auto. Ass'n v. Strasser, 530 So. 2d 1026 (Fla. 4th DCA 1988)…ive notice of the uninsured/underinsured coverage available and not the excess coverage then it would have used the term “subsection” rather than “section.” We also affirm the main appeal on authority of Spira v. Guaranty National Insurance Company, 468 So. 2d 540 (Fla. 4th DCA 1985) and the cases cited therein. In Spira this court reversed the denial of excess uninsured motorist coverage because “the record does not reveal any evidence that the carrier offered uninsured motorist coverage equal to excess liab…
Authorities Cited
- First State Ins. Co. v. Stubbs, 418 So. 2d 1114 (Fla. 4th DCA 1982)
- Sirantoine v. Ill. Emp'rs Ins. of Wausau, 438 So. 2d 985 (Fla. 3d DCA 1983)
- Thorney v. Clough, 438 So. 2d 985 (Fla. 3d DCA 1983)