MARIE HOLEN, APPELLANT,
v.
AUTO OWNERS INSURANCE COMPANY, A MICHIGAN CORPORATION LICENSED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE
Affirmed upon authority of the rule stated in Oren v. General Accident Fire and Life Assur. Corp., Fla.App.1965, 175 So.2d 581. See also Continental Cas. Co. v. Weckes, *48Fla.1954, 74 So.2d 367, 46 A.L.R.2d 1159; and Auto-Owners Insurance Co. v. Palm Beach County, Fla.App.1963, 157 So.2d 820.
(dissenting).
I respectfully dissent. The provision excluding coverage of relatives of the insured “if there is any other valid and collectible medical payments or passenger accident insurance available to such relatives,” should not be construed to bar recovery by plaintiff (relative) of the unpaid $1,500 balance of her $2,500 medical expense, when the “other valid and collectible insurance” was only for $1,000.
CARROLL, Judge
(dissenting).
I respectfully dissent. The provision excluding coverage of relatives of the insured “if there is any other valid and collectible medical payments or passenger accident insurance available to such relatives,” should not be construed to bar recovery by plaintiff (relative) of the unpaid $1,500 balance of her $2,500 medical expense, when the “other valid and collectible insurance” was only for $1,000.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Holen v. Auto Owners Ins. Co., 188 So. 2d 822 (Fla. 1966)…Certiorari denied without opinion. 182 So. 2d 47.…
Authorities Cited
- Oren v. Gen. Accident Fire & Life Assurance Corp., Ltd., 175 So. 2d 581 (Fla. 3d DCA 1965)
- Cont'l CAS. Co. v. Weekes, 74 So. 2d 367 (Fla. 1954)
- Auto-Owners Ins. Co. v. Palm Beach Cnty., 157 So. 2d 820 (Fla. 2d DCA 1963)