J. ARTHUR GOLDBERG, APPELLANT,

v.

DEVCON INTERNATIONAL CORPORATION AND DONALD L. SMITH, JR., APPELLEES

Citator

Cited By

• State Farm Mut. Auto. Ins. Co. v. Hassen, 650 So. 2d 128 (Fla. 2d DCA 1995)
  …uninsured motorist statute, as well as the policy at issue in the case, to mean “that the insured must have a claim against the tort-feasor which could be reduced to judgment in a court of law.” 486 So. 2d at 555. Accord Jones v. Integral Ins. Co., 631 So. 2d 1132 (Fla. 3d DCA 1994).11 In recognition of this concept, the Boynton court observed that the uninsured motorist carrier “effectively stands in the uninsured motorist’s shoes and can raise and assert any defense that the uninsured motorist could urge.”…
• Robinson v. Auto Owners Ins. Co., 718 So. 2d 1283 (Fla. 2d DCA 1998)
  …reover, the expiration of the limitations period as to the tortfeasor, a procedural defense, does not bar an insured’s right to recover UM benefits. See Lewis v. Allstate Ins. Co., 667 So. 2d 261, 263 (Fla. 1st DCA 1995); Jones v. Integral Ins. Co., 631 So. 2d 1132 (Fla. 3d DCA 1994). In Jones, the insurance policy contained broad language similar to that in the policy Auto Owners issued to Robinson, requiring the insured to “do everything necessary” to secure the insurer’s subrogation rights, and do “nothing…
• Saris v. State Farm Mut. Auto. Ins. Co., 49 So. 3d 815 (Fla. 4th DCA 2010)
  …red motorist coverage. In further support of its argument that the provision at issue does not violate public policy, the insurer cites several cases: Robinson v. Auto Owners Ins. Co., 718 So. 2d 1283 (Fla. 2d DCA 1998); Jones v. Integral Ins. Co., 631 So. 2d 1132 (Fla. 3d DCA 1994); Dill v. Montana Thirteenth Judicial Dist. Ct., 294 Mont. 134, 979 P. 2d 188 (1999); and Snyder v. State Farm Mut. Auto. Ins. Co., 2007 WL 1206783 (Mich.Ct.App.2007). In Robinson and Jones, the second and third districts held that…