GLADYS MARQUEZ, APPELLANT,
v.
PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, APPELLEE
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The court held that the 1984 amendments to section 627.727, Florida Statutes, did not alter the definition of an uninsured motor vehicle, which remains a vehicle with bodily injury liability limits less than the injured person's uninsured motorist coverage.
This case involves the interpretation of Florida Statutes section 627.727 concerning uninsured motor vehicles. The court considered prior case law and…
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PER CURIAM.
We agree with the opinion of the First District Court of Appeal in United States Fidelity & Guar. Co. v. Woolard, 523 So. 2d 798 (Fla. 1st DCA 1988), deciding that the 1984 amendments to section 627.727, Florida Statutes, did not change the definition of an uninsured motor vehicle enunciated in section 627.727(3)(b), Florida Statutes (1983). Thus, we hold that an uninsured motor vehicle continues to be a vehicle for which the limits of bodily injury liability for its insured are less than the limits applicable to the injured person’s uninsured motorist coverage. See McKinnie v. Progressive American Ins. Co., 488 So. 2d 825 (Fla.1986); Bayles v. State Farm Mut. Auto. Ins. Co., 483 So. 2d 402 (Fla.1985).
We certify conflict with the decision of the Fourth District Court of Appeal in The Shelby Mut. Ins. Co. v. Smith, 527 So. 2d 830 (Fla. 4th DCA 1988), and certify the following question to the supreme court as one of great public importance:
WHERE THE TORTFEASOR’S LIMITS FOR BODILY INJURY LIABILITY ARE EQUAL TO THOSE CONTAINED IN THE INJURED PARTY’S UNINSURED MOTORIST COVERAGE, MAY THE INJURED PARTY RECOVER UNDER THE UNINSURED MOTORIST POLICY?
AFFIRMED.
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The Shelby Mut. Ins. Co. OF Shelby v. Smith, 556 So. 2d 393 (Fla. 1990)…ngs given the statute by the district courts. See Morrison v. Universal Underwriters Ins. Co., 543 So. 2d 425 (Fla. 5th DCA 1989) (stacking approved where UM limits do not exceed liability limits); Marquez v. Prudential Property & Casualty Ins. Co., 534 So. 2d 918 (Fla. 3d DCA 1988) (such stacking disapproved); Shelby Mut. Ins. Co. v. Smith, 527 So. 2d 830 (Fla. 4th DCA 1988) (such stacking approved); United States Fidelity & Guar. Co. v. Woolard, 523 So. 2d 798 (Fla. 1st DCA 1988) (such stacking disapproved)…1 / 2
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Morrison v. Universal Underwriters Ins. Co., 543 So. 2d 425 (Fla. 5th DCA 1989)…. v. Woolard, fail to consider the House of Representative’s Staff Summary and Analysis of HB 319 and do not correctly express the intent of the legislature as it was recorded. See also, Marquez v. Prudential Property and Casualty Insurance Company, 534 So. 2d 918 (Fla. 3d DCA 1988).4 The legislature intended the 1984 amendment to section 627.727 to incorporate, as the only type of U.M. coverage, excess coverage as previously codified in section 627.727(2)(b), Florida Statutes (1983). Under the current statut…
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Universal Underwriters Ins. Co. v. Morrison, 574 So. 2d 1063 (Fla. 1990)…GRIMES, Justice. We review Morrison v. Universal Underwriters Insurance Co., 543 So. 2d 425 (Fla. 5th DCA 1989), because of its conflict with Marquez v. Prudential Property & Casualty Insurance Co., 534 So. 2d 918 (Fla. 3d DCA 1988), review discharged, 559 So. 2d 220 (Fla.1990), and United States Fidelity & Guaranty Co. v. Woolard, 523 So. 2d 798 (Fla. 1st DCA 1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. This case involved a claim for underin-…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States Fid. & Guar. Co. v. Woolard, 523 So. 2d 798 (Fla. 1st DCA 1988)
- The Shelby Mut. Ins. Co. v. Smith, 527 So. 2d 830 (Fla. 4th DCA 1988)
- Bayles v. State Farm Mut. Auto. Ins. Co., 483 So. 2d 402 (Fla. 1985)
- McKINNIE v. Progressive Am. Ins. Co., 488 So. 2d 825 (Fla. 1986)