FRANK FORBES, APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, ETC., APPELLEE
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The Florida District Court of Appeal reversed a lower court's declaratory decree, holding that an insurance policy provision excluding uninsured motorist coverage for occupants of public conveyances was impermissible under state law.
Yes, such a provision is more restrictive than permissible under Florida Statute § 627.0851, and therefore, the exclusion is invalid.
“This is an appeal by the plaintiff below from an adverse declaratory decree.”
Identifies the nature of the appeal and the parties involved.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, who was injured while riding in a taxicab, was denied uninsured motorist protection by his insurance policy. The policy contained a pro…
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This is an appeal by the plaintiff below from an adverse declaratory decree. The lower court held that the insured, who was plaintiff, was excluded from uninsured motorist protection by a provision in the policy negating coverage while the insured occupied a public conveyance. It is undisputed that plaintiff was injured while riding in a taxicab.
We are here presented with another of those provisions contained in automobile insurance policies, under the heading of “uninsured motorist coverage” or “family protection plan”, which are more restrictive than is permissible under the terms of § 627.0851, Fla.Stat., F.S.A. Our decision to reverse the order here appealed is based upon the recent cases of Butts v. State Farm Mutual Automobile Ins. Co., Fla.App.1968, 207 So.2d 73, and Travelers Indemnity Company v. Powell, Fla.App.1968, 206 So.2d 244, neither of which had been released at the time the chancellor was required to rule.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mullis v. State Farm Mut. Auto. Ins. Co., 252 So. 2d 229 (Fla. 1971)…nary clause specifically refers “to bodily injury to an insured * * *” (emphasis supplied). The exclusion, therefore, is an invalid limitation of coverage. The District Court of Appeal, Third District, in Forbes v. Allstate Insurance Company, 1968, 210 So. 2d 244, held a policy exclusion of an insured from uninsured motorist protection while he occupies a public conveyance (taxicab) and is injured by an uninsured motorist to be void. The Third District Court, one week after its Forbes decision, in Hartford…
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Gorman v. Gorman, 400 So. 2d 75 (Fla. 5th DCA 1981)…itness, a natural parent should have custody of a child as against others. Appellee cites Pitman v. Pitman, 153 Fla. 434, 14 So. 2d 671 (1943), Cone v. Cone, 62 So. 2d 907 (Fla. 1953), Shepard v. Shepard, 87 So. 2d 807 (Fla.1956), DeGroot v. Fuller, 210 So. 2d 244 (Fla. 2d DCA 1968), Heffernan v. Goldman, 256 So. 2d 522 (Fla. 4th DCA), cert. denied, 256 So. 2d 6 (Fla.1971), Brannan v. Brannan, 284 So. 2d 701 (Fla. 1st DCA 1973), Forman v. Forman, 315 So. 2d 9 (Fla. 3d DCA 1975), and Scott v. Singleton, 378 So…
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Turner Hodges v. Nat'l Union Indem. Co., 249 So. 2d 679 (Fla. 1971)…owell, Fla.App.1968, 206 So. 2d 244; Butts v. State Farm Mutual Automobile Insurance Co., Fla.App. 1968, 207 So. 2d 73; National Service Fire Insurance Co. v. Mikell, Fla.App. 1967, 204 So. 2d 343; Forbes v. Allstate Insurance Company, Fla.App.1968, 210 So. 2d 244; Hartford Accident and Indemnity Co. v. Mason, Fla.App.1968, 210 So. 2d 474; American Fire & Casualty Co. v. Williams, Fla.App.1969, 226 So. 2d 141; Valdes v. Prudence Mutual Casualty Co., Fla.App. 1968, 207 So. 2d 312; Prudential Life Insurance Co.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Butts v. State Farm Mut. Auto. Ins. Co. & Reserve Ins. Co., 207 So. 2d 73 (Fla. 3d DCA 1968)
- The Travelers Indem. Co. v. Powell, 206 So. 2d 244 (Fla. 1st DCA 1968)