BONNIE M. GELARO, AS NEXT FRIEND AND GUARDIAN OF THOMAS J. GELARO, A MINOR, APPELLANT,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE
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PER CURIAM.
Appellant, a minor, sought to recover from his mother’s insurer under the uninsured motorist provisions of a policy covering a motor vehicle of the mother other than the one involved in the accident. The policy covering the mother’s vehicle involved in the accident contained an exclusion from coverage for children of the insured. We are without authority to abandon the parental immunity doctrine as an affirmative defense in litigation involving automobile accidents which result in injured children seeking payment from their parents’ automobile insurance policies as requested by appellant. See Ard v. Ard, 414 So. 2d 1066 (Fla.1982), Allstate Insurance Co. v. Boynton, 486 So. 2d 552 (Fla. 1986) and Hoffman v. Jones, 280 So. 2d 431 (Fla.1973).
AFFIRMED.
SMITH, JOANOS and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Mich. Millers Mut. Ins. Co. v. Bourke, 581 So. 2d 1365 (Fla. 2d DCA 1991)…orkers’ compensation law. The workers’ compensation law provides an absolute immunity against suit. Likewise, the other cases cited by Michigan Millers all involve absolute immunities. See, e.g., Gelaro v. State Farm Mutual Automobile Insurance Co., 502 So. 2d 497 (Fla. 1st DCA 1987) (UM carrier permitted to assert substantive defense of intra-family immunity, thus precluding recovery under UM policy); Simon v. Allstate Insurance Co., 496 So. 2d 878 (Fla. 4th DCA 1986) (UM carrier permitted to assert substant…
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Jones v. Integral Ins. Co., 631 So. 2d 1132 (Fla. 3d DCA 1994)…o pay. This factual scenario contrasts with Boynton, where the insured never had the legal right to bring a lawsuit because the employer had a substantive defense, namely, workers’ compensation immunity. See Galaro v. State Farm Mut. Auto. Ins. Co., 502 So. 2d 497 (Fla. 1st DCA 1987); Simon v. Allstate Ins. Co., 496 So. 2d 878 (Fla. 4th DCA 1986). UM coverage is available to Jones. See Boynton, 486 So. 2d at 557 (“With UM coverage, the carrier pays only if the tortfeasor would have to pay, if the claim were m…
Authorities Cited
- Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973)
- Allstate Ins. Co. v. Boynton, 486 So. 2d 552 (Fla. 1986)
- ARD v. Douglas Perry ARD Ad Litem for Benji Dwain Clary, 414 So. 2d 1066 (Fla. 1982)