JOHN SOLIDAY AND BARBARA SOLIDAY, HIS WIFE, PETITIONERS,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., A FOREIGN CORP., RESPONDENT
JOHN SOLIDAY AND BARBARA SOLIDAY, HIS WIFE, PETITIONERS,
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., A FOREIGN CORP., RESPONDENT
497 So. 2d 717
Florida District Court of Appeal, Third District (1986)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
A person with underinsured motorist coverage is not obligated to first bring an action against the tortfeasor before resolv ing a claim against his own carrier.1 United States Fidelity & Guaranty v. State Farm Mutual Automobile Insurance Co., 369 So. 2d 410 (Fla. 3d DCA 1979); Arretta v. Volkswagon Insurance Co., 343 So. 2d 918 (Fla. 3d DCA 1977).
Certiorari is granted. The order of dismissal is quashed and the cause is remanded for further proceedings.
. Respondent has confessed error.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lenon Diaz-Hernandez v. State Farm Fire & Cas. Co., 19 So. 3d 996 (Fla. 3d DCA 2009)…d by making it a contractual obligation benefits State Farm, not the Insured. We, therefore, conclude that the provision is against the public policy of the UM statute, section 627.727, and therefore invalid. See Soliday v. State Farm Mut. Ins. Co., 497 So. 2d 717, 717-18 (Fla. 3d DCA 1986) (“A person with underinsured motorist coverage is not obligated to first bring an action against the tort-feasor before resolving a claim against his own carrier.”); Liberty Mut. Ins. Co. v. Reyer, 362 So. 2d 390, 391 (Fla…1 / 2
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DeCARLO v. Palm Beach Auto Brokers, Inc., 566 So. 2d 318 (Fla. 4th DCA 1990)…multiple suits arising out of a single injury and recognizing the necessity for the courts to bring litigation to an end. We have considered Schwab v. Town of Davie, 492 So. 2d 708 (Fla. 4th DCA 1986), and Soliday v. State Farm Mutual Auto Ins. Co., 497 So. 2d 717 (Fla. 3d DCA 1986), and deem them to be inapposite. Therefore, the judgment is affirmed. There is no need to address any of the other issues raised by appellant. WARNER, J., concurs. POLEN, J., dissents with opinion. . Although included in the st…
Authorities Cited
- Arrieta v. Volkswagen Ins. Co. & Protective Nat'l Ins. Co., 343 So. 2d 918 (Fla. 3d DCA 1977)
- United States Fid. & Guar. Co. v. State Farm Mut. Auto. Ins. Co., 369 So. 2d 410 (Fla. 3d DCA 1979)