SYLVESTER MCKINNIE, PETITIONER,
v.
PROGRESSIVE AMERICAN INSURANCE CO., RESPONDENT
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EHRLICH, Justice.
We have for our review Progressive American Insurance Co. v. McKinnie, 460 So. 2d 389 (Fla. 4th DCA 1984) in which the district court certified the following question of great public importance:
WHERE TWO TORTFEASORS ARE JOINTLY AND SEVERALLY LIABLE FOR DAMAGES CAUSED TO A THIRD PERSON IN AN AUTOMOBILE ACCIDENT, ALTHOUGH ONE TORT-FEASOR IS UNINSURED, IF THE OTHER TORTFEASOR HAS LIABILITY INSURANCE WITH POLICY LIMITS EQUAL TO, OR GREAT THAN, THOSE CONTAINED IN UNINSURED MOTORIST COVERAGE POSSESSED BY THE INJURED THIRD PERSON, CAN THE INJURED THIRD PERSON RECOVER UNDER HIS OWN UNINSURED MOTORIST POLICY?
We have jurisdiction, article V, section 3(b)(4), Florida Constitution.
We have previously answered this question in the negative. Bayles v. State Farm Mutual Automobile Insurance Co., 483 So. 2d 402 (Fla.1985).
Accordingly, the decision of the district court is approved.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD and SHAW, JJ., concur.
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United States Fid. & Guar. Co. v. Woolard, 523 So. 2d 798 (Fla. 1st DCA 1988)…d motorist coverage. A party not injured by an uninsured motorist, or one not having a claim against an uninsured motorist, may not recover under the uninsured motorist provision of his own policy. See McKinnie v. Progressive American Insurance Co., 488 So. 2d 825 (Fla.1986) and Bayles v. State Farm Mutual Automobile Insurance Company, 483 So. 2d 402 (Fla.1985). Therefore, if the alleged tort-fea-sors in this case do not qualify as uninsured motorists or if, for any reason, appel-lees are not legally entitle…
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Progressive Am. Ins. Co. v. McKINNIE, 513 So. 2d 748 (Fla. 4th DCA 1987)…spective parties. This court also certified the question as one of great public importance. This court issued its mandate on January 22,1985. The Florida Supreme Court approved this court’s decision in McKinnie v. Progressive American Insurance Co., 488 So. 2d 825 (Fla.1986), calling attention to the opinion in Bayles v. State Farm Mutual Automobile Insurance Co., 483 So. 2d 402 (Fla.1985), in which the Florida Supreme Court had come to the same conclusion on the same issue. While the Supreme Court review wa…
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- Bayles v. State Farm Mut. Auto. Ins. Co., 483 So. 2d 402 (Fla. 1985)
- Progressive Am. Ins. Co. v. McKINNIE, 460 So. 2d 389 (Fla. 4th DCA 1984)