HUBERT SINGER AND HENRY PEREZ, APPELLANTS,
v.
3675 BIRD ROAD, INC., D/B/A UNCLE CHARLIE'S, A FLORIDA CORPORATION, APPELLEE
HUBERT SINGER AND HENRY PEREZ, APPELLANTS,
3675 BIRD ROAD, INC., D/B/A UNCLE CHARLIE'S, A FLORIDA CORPORATION, APPELLEE
543 So. 2d 1320
Florida District Court of Appeal, Third District (1989)
Caution
Cited by 12 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s entry of final summary judgment. The criminal attack on appellants was not foreseeable; thus, as a matter of law, appellees had no duty to take steps to prevent its occurrence. See Lomillo v. Howard Johnsons Co., 471 So. 2d 1296 (Fla. 3d DCA 1985); Admiral’s Port Condominium Assoc., Inc. v. Feldman, 426 So. 2d 1054 (Fla.3d DCA), review denied, 434 So. 2d 887 (Fla.1983); Chateloin v. Flanigan’s Enter., Inc., 423 So. 2d 1002 (Fla. 3d DCA 1982); Badillo v. DeVivo, 161 Ill.App.3d 596, 113 Ill.Dec. 696, 515 N.E. 2d 681, appeal denied, 117 Ill.2d 541, 115 Ill.Dec. 397, 517 N.E. 2d 1083 (1987).
Affirmed.
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Gov't Emps. Ins. Co. v. Douglas, 654 So. 2d 118 (Fla. 1995)…otorist coverage ... is statutorily intended to provide the reciprocal or mutual equivalent of automobile liability coverage.... ” Mullis, 252 So. 2d at 237-38. In addition, as Judge Downey explained in Government Employees Insurance Co. v. Wright, 543 So. 2d 1320, 1322 (Fla. 4th DCA), review denied, 551 So. 2d 464 (Fla.1989), there is no way insurance companies are going to know what vehicles their uninsured motorist provisions will have to cover under the majority’s interpretation and, therefore they will h…
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World Wide Underwriters Ins. Co. v. Welker, 640 So. 2d 46 (Fla. 1994)…sband was not an insured under the habihty coverage provisions when he was operating his own vehicle and, therefore, “he could be excluded from uninsured motorist coverage.” Bolin, 518 So. 2d at 394. In Government Employees Insurance Co. v. Wright, 543 So. 2d 1320 (Fla. 4th DCA), review denied, 551 So. 2d 464 (Fla.1989), the Fourth District Court of Appeal held that a daughter living in her mother’s household was not entitled to uninsured motorist coverage under the mother’s insurance pohcy for injuries that…
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Nationwide Mut. Fire Ins. Co. v. Phillips, 609 So. 2d 1385 (Fla. 5th DCA 1992)…accident in question is not new. In fact, some of our sister courts have interpreted Mullis as requiring this “liability coverage” analysis. Progressive Am. Ins. Co. v. Hunter, 603 So. 2d 1301 (Fla. 4th DCA 1992); Gov’t Employees Ins. Co. v. Wright, 543 So. 2d 1320 (Fla. 4th DCA 1989), rev. denied, 551 So. 2d 464 (Fla.1989); Bolin v. Mass. Bay Ins. Co., 518 So. 2d 393 (Fla. 2d DCA 1987). Valiant already has relied successfully on this totally new version of Mullis to avoid UM coverage in cases outside the wro…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Admiral's Port Condo. Ass'n, Inc. v. Feldman, 426 So. 2d 1054 (Fla. 3d DCA 1983)
- Chateloin v. Flanigan's Enters. Inc., 423 So. 2d 1002 (Fla. 3d DCA 1982)
- Barrios v. Draper, 423 So. 2d 1002 (Fla. 3d DCA 1982)
- Lauri Sue Lomillo and Santiago Lomillo v. Howard Johnsons Co., 471 So. 2d 1296 (Fla. 3d DCA 1985)