GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLANT,
v.
BEN WILDER, APPELLEE
PER CURIAM.
The trial court correctly determined that the insurance policy issued by the appellant is the first layer of insurance coverage for the automobile accident which formed the basis of this action. See State Farm Mut. Auto. Ins. Co. v. Universal Atlas Cement Co., 406 So. 2d 1184 (Fla. 1st DCA 1981), review denied, 413 So. 2d 877 (Fla.1982); Southeast Title & Ins. Co. v. Collins, 226 So. 2d 247 (Fla. 4th DCA), cert. denied, 232 So. 2d 180 (Fla.1969); § 624.03, Fla.Stat. (1987).
As an individual self-insurer is not, for most purposes, an “insurer” under the Florida Insurance Code, see § 624.03, Fla. Stat. (1987), and as Allstate Insurance Co. v. Fowler, 480 So. 2d 1287 (Fla.1985), dealt with the setting of priorities among insurance policies, we do not believe that the Fowler decision can reasonably be interpreted as holding that a self-insurer is to be treated as if he were an insurer for purposes of the Fowler rule. Likewise, Dixie Farms, Inc. v. Hertz Corp., 343 So. 2d 633 (Fla. 3d DCA 1977) lays down special rules applicable to self-insurers within the context of the Florida Automobile Reparations Reform Act, not involved here. Id. at 635-36.
Accordingly, the final judgment under review is affirmed.
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Budget Rent A CAR Sys., Inc. v. Taylor, 626 So. 2d 976 (Fla. 4th DCA 1993)…he Florida Insurance Code, nor is the contract an insurance policy under said code. Diversified Svcs., Inc. v. Avila, 606 So. 2d 364 (Fla.1992); Lipof v. Florida Power & Light Co., 596 So. 2d 1005 (Fla.1992); Government Employees Ins. Co. v. Wilder, 546 So. 2d 12 (Fla. 3d DCA), rev. denied, 554 So. 2d 1168 (Fla.1989). All of the authorities we have found subscribe to the proposition that a duty to defend is purely contractual and if there is no contract to defend, no such duty exists. A sampling of said auth…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Allstate Ins. Co. v. Fowler, 480 So. 2d 1287 (Fla. 1985)
- State Farm Mut. Auto. Ins. Co. v. Universal Atlas Cement Co., 406 So. 2d 1184 (Fla. 1st DCA 1981)
- Dixie Farms, Inc. v. The HERTZ Corp., 343 So. 2d 633 (Fla. 3d DCA 1977)
- Se. Title & Ins. Co. v. Collins, 226 So. 2d 247 (Fla. 4th DCA 1969)
- Puro v. Puro, 232 So. 2d 180 (Fla. 1969)
- Powers v. State, 232 So. 2d 180 (Fla. 1969)