SIDNEY M. DUBBIN, APPELLANT,
v.
EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN FLORIDA, APPELLEE

Fla. 4th DCA | 1970-04-29
No. 69-33
WALDEN, REED and OWEN, JJ., concur.
234 So. 2d 693 Florida District Court of Appeal, Fourth District (1970) Caution
Cited by 38 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Price-Williams v. New York Life Ins. Co., 5 Cir. 1939, 101 F.2d 482, cert. den. 307 U.S. 647, 59 S.Ct. 1044, 83 L.Ed. 1527.

WALDEN, REED and OWEN, JJ., concur.


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  • Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla. 1989)
    …l Centers, Inc. v. Sabates, 498 So. 2d 1292 (Fla. 3d DCA), review denied, 508 So. 2d 14 (Fla.1987); Broward County Paraprofessional Ass’n v. McComb, 394 So. 2d 471 (Fla. 4th DCA 1981); Dubbin v. Equitable Life Assurance Society of the United States, 234 So. 2d 693 (Fla. 4th DCA), cert. denied, 238 So. 2d 423 (Fla.1970). In this case the arbitrator was asked to determine which party had the obligation to pay the sales tax on the lease, and this is the only issue the arbitrator resolved. Once the parties agree…
  • …e must be a trial to establish negligence and the amount of damages. But both negligence and the amount of the damages have been held to be a part of the arbitration of uninsured motorist claims. See Bankers & Shippers Insurance Company v. Gonzalez, 234 So. 2d 693 (Fla.3d DCA 1970). A settlement with the tortfeasor is precluded because by settling, the plaintiff may lose his uninsured motorist coverage. See Sena v. State Farm Mutual Automobile Insurance Co., 305 So. 2d 243 (Fla.3d DCA 1974)., If a plaintiff m…
  • …rbitration agreement, as it lacks mutuality of obligation. “The very essence of an arbitration is an agreement to be bound by the factual determination of the arbitrator and thus end the factual controversy.” Bankers & Shippers Ins. Co. v. Gonzalez, 234 So. 2d 693 (Fla. 3d DCA 1970). Where the insured and the insurer agree to submit the question of the insured’s loss for determination by appraisers, but the appraisal would not affect the question of the insurer’s liability except to fix the amounts of value a…

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