MANUEL E. SIRES, APPELLANT,
v.
STATE FIRE & CASUALTY COMPANY, A FLORIDA CORPORATION, APPELLEE
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This case concerns whether the general five-year statute of limitations for written contracts applies to an uninsured motorist claim when the tortfeasor's insurer becomes insolvent more than one year after the accident. The court held that the specific statutory provision limiting uninsured motorist coverage in cases of insurer insolvency to accidents where insolvency occurs within one year of the accident governs.
The court held that the specific statutory provision limiting uninsured motorist coverage in cases of insurer insolvency to accidents where the liability insurer becomes insolvent within one year after the accident applies, and thus the general five-year statute of limitations does not entitle the plaintiff to recover.
“but makes that provision applicable "only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within one year after such an accident."”
This quote highlights the specific statutory limitation on uninsured motorist coverage in cases of insurer insolvency.
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Join FLexlaw to unlock all legal intelligenceManuel E. Sires, insured by State Fire & Casualty Company, was involved in an automobile accident. The other party's insurer became insolvent more tha…
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This is an appeal by one of the defendants, Manuel E. Sires, in a suit for declaratory judgment filed by State Fire & Casualty Company, arising from an automobile accident. Sires was insured by State Fire, with uninsured motorist coverage. The other party to the collision also carried insurance. However, the latter’s insurer became insolvent more than a year after the accident. The trial court held in favor of State Fire, against the claim of the plaintiff under its uninsured motorist clause. State Fire & Casualty company subsequently has been placed in receivership. The receiver obtained 'the right to appear in this appeal but has filed no brief on behalf of the appellee.
Of the four points presented in the brief of the appellant, three were abandoned at the argument and the sole contention urged was that the general five year statute of limitations for written (unsealed) contracts (§ 95.11 Fla.Stat, F.S.A.) should be held to entitle the plaintiff to recover notwithstanding the one year limitation which results from the provisions of § 627,0851(2) and (3), whereby a motor vehicle is considered uninsured when its insurer is unable to respond because of insolvency, but makes that provision applicable “only to accidents occurring during a policy period in which its insured’s uninsured motorist coverage is in effect where the liability insurer of the tort-feasor becomes insolvent within one year after such an accident.” On consideration of the brief and argument of the appellant, we find that contention to be without merit.
Affirmed.
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Bartholomew v. Glens Falls Ins. Grp., 241 So. 2d 698 (Fla. 4th DCA 1970)…F.S.A., relating to insolvency of the tort-feasor’s insurer, did not impose a limitation on the time within which appellant could be liable under the policy. Their holding is similar to that in Sires v. State Fire & Casualty Company, Fla.App. 1969, 226 So. 2d 875, which held that the one year limitation would apply rather than the five year statute of limitations applicable to actions on written contracts. The question of how to determine when the insurer became insolvent is not considered in Strauss or Sir…
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Hood v. Liberty Mut. Ins. Co., 227 So. 2d 892 (Fla. 3d DCA 1969)…PER CURIAM. Affirmed upon authority of Sires v. State Fire & Casualty Company, Fla.App. 1969, 226 So. 2d 875* * Case No. 69-150, Third District Court of Appeal, opinion filed 30 September 1969.…