JOHN CARGUILLO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN JOSEPH CARGUILLO, DECEASED, APPELLANT,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE

Fla. 4th DCA | 1988-01-06
No. 87-1745
DOWNEY, WALDEN and GUNTHER, JJ., concur.
517 So. 2d 138 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

On the authority of State Farm Fire and Casualty Co. v. Becraft, 501 So. 2d 1316 (Fla. 4th DCA 1986), we affirm the entry of final summary judgment in favor of the appellee, State Farm Mutual Automobile Insurance Company. Furthermore, we certify to the Florida Supreme Court the following question to be of great public importance:

WHETHER A VEHICLE DESIGNED PRIMARILY FOR OFF-ROAD USE CAN BE EXCLUDED FROM UNINSURED MOTORIST COVERAGE BECAUSE IT IS NOT A “MOTOR VEHICLE” WITHIN THE DEFINITION OF THE FINANCIAL RESPONSIBILITY LAW OR WHETHER SUCH AN EXCLUSION IS VOID FOR PUBLIC POLICY REASONS?

AFFIRMED.

DOWNEY, WALDEN and GUNTHER, JJ., concur.


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  • Carguillo v. State Farm Mut. Auto. Ins. Co., 529 So. 2d 276 (Fla. 1988)
    …M UNINSURED MOTORIST COVERAGE BECAUSE IT IS NOT A “MOTOR VEHICLE” WITHIN THE DEFINITION OF THE FINANCIAL RESPONSIBILITY LAW OR WHETHER SUCH AN EXCLUSION IS VOID FOR PUBLIC POLICY REASONS? Carguillo v. State Farm Mutual Automobile Insurance Company, 517 So. 2d 138 (Fla. 4th DCA 1988).1 In Becraft, the district court was presented with the question of “whether an uninsured motorist carrier can exclude coverage for a motor vehicle designed mainly for use off the public roads when the vehicle is being operated…

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