LUCIA BULONE, PETITIONER,
v.
UNITED SERVICES AUTOMOBILE ASSOCIATION, RESPONDENT

Fla. | 1996-09-26
No. 86689
KOGAN, C.J., and OVERTON, SHAW, GRIMES and HARDING, JJ., concur., WELLS, J., concurs,with an opinion, in which SHAW, J., concurs., ANSTEAD, J., dissents.
679 So. 2d 1185 Florida Supreme Court (1996) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We review Bulone v. United Services Automobile Ass’n, 660 So. 2d 399, 400 (Fla. 2d DCA 1995), in which the court certified conflict with Warren v. Travelers Insurance Co., 650 So. 2d 1082 (Fla. 1st DCA 1995). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

We recently quashed the decision of the First District Court of Appeal in Warren. Travelers Insurance Co. v. Warren, 678 So. 2d 324 (Fla.1996). Therefore, we approve the result of the decision below.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES and HARDING, JJ., concur. WELLS, J., concurs,with an opinion, in which SHAW, J., concurs.

ANSTEAD, J., dissents.

Concurrence
WELLS, Justice,

WELLS, Justice,

concurring.

I concur that this decision is controlled by the decision in Travelers Insurance Co. v. Warren, 678 So. 2d 324 (Fla.1996). On the basis upon which I concurred with the result in Warren, I concur with the result in this case.

SHAW, J., concurs.


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  • Auto Owners Ins. Co. v. Potter, 774 So. 2d 859 (Fla. 4th DCA 2000)
    …ly by virtue of the existence of an insurance policy covering the vehicle he occupied at the time of the collision.3 See Mullis, 252 So. 2d at 233. In Bulone v. United Services Automobile Ass’n, 660 So. 2d 399 (Fla. 2d DCA 1995), decision approved, 679 So. 2d 1185 (Fla.1996), where a class I insured’s claim for uninsured motorist coverage was denied in a differing fact pattern, the court explained that the strong public policy in favor of protecting class I insureds against statutorily prohibited exclusions f…
  • State Farm Mut. Auto. Ins. Co. v. Lybrand, 692 So. 2d 204 (Fla. 5th DCA 1997)
    …e liability coverage of the policy prevents the plaintiff from collecting under both the liability and uninsured motorist provisions of the policy. Travelers Ins. Co. v. Warren, 678 So. 2d 324 (Fla.1996); Bulone v. United Services Automobile Assoc., 679 So. 2d 1185 (Fla.1996); State Farm Mutual Automobile Ins. Co. v. McCarthy, 679 So. 2d 772 (Fla.1996). PETITION GRANTED. W. SHARP and ANTOON, JJ., concur.…
  • Zurich Am. Ins. Co. v. Cernogorsky, 211 So. 3d 1119 (Fla. 3d DCA 2017)
    …DCA 2003) (“Class II insureds include all other passengers in the vehicle who are covered only by virtue of the fact that they occupy the covered vehicle.”); Bulone v. United Servs. Auto. Ass’n, 660 So. 2d 399, 400 n.1 (Fla. 2d DCA 1995), approved, 679 So. 2d 1185 (Fla. 1996) (“Class II includes persons occupying an insured vehicle. These passengers do not pay for this uninsured motorist coverage, but receive its protection, essentially as third-party beneficiaries to the family policy, because a family membe…

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