REINALDO G. JIMENEZ, APPELLANT,
v.
LIBERTY MUTUAL INSURANCE COMPANY, APPELLEE
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In an action to recover insurance proceeds plaintiff-appellant, Reinaldo G. Jimenez, seeks review of an adverse summary judgment.
On January 1, 1970 an automobile accident occurred in which appellant was injured due to the alleged negligence of a Mr. Winkfield. At the time of the accident appellant had uninsured motorist coverage with appellee, Liberty Mutual Insurance Company, and Winkfield had liability insurance with First American Insurance Company which was later adjudicated insolvent on February 23, 1971 (see O’Malley v. Florida Insurance Guaranty Association, Fla.1971, 257 So.2d 9). From the record on appeal it appears that the tort-feasor’s insurer became insolvent more than one year after the accident; therefore, the judgment should be affirmed. Insurance Company of North America v. Strauss, Fla.App. 1970, 231 So.2d 548; Bartholomew v. Glens Falls Insurance Group, Fla.App.1970, 241 So.2d 698; F.S. § 627.727(3), F.S.A.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gov't Emps. Ins. Co. v. Mirth, 333 So. 2d 545 (Fla. 3d DCA 1976)…t it did not provide for arbitration of a claim by Mirth against Purcell and her insurer if the Purcell automobile was insured. See Manning v. Travelers Insurance Co., Fla.1971, 250 So. 2d 872; Jimenez v. Liberty Mutual Insurance Co., Fla.App. 1973, 270 So. 2d 406. An application for a stay of arbitration was properly presented to the court under § 682.03(4) Fla.Stat., F.S.A. which reads as follows: “On application the court may stay an arbitration proceeding commenced or about to be commenced, if it shall…
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Robert v. Johnson and Viola Johnson, 333 So. 2d 542 (Fla. 3d DCA 1976)…rist Statute, Section 627.727, which defines ‘insolvent insurer’ by referring to Florida Statute Subsection 631.54(5), which has been referred to hereinabove. The defendant further relies upon the case of Jimenez v. Liberty Mutual Insurance Company, 270 So. 2d 406 (Fla.Appeals, 1973) which considered adjudication of insolvency of the insurer as having occurred approximately 14 months after the date of the accident and plaintiffs right to bring an uninsured motorist claim was denied. The Court specifically ref…
Authorities Cited
- O'Malley v. The Fla. Ins. Guar. Ass'n, Inc., 257 So. 2d 9 (Fla. 1971)
- Ins. Co. OF N. Am. v. Strauss, 231 So. 2d 548 (Fla. 2d DCA 1970)
- Bartholomew v. Glens Falls Ins. Grp., 241 So. 2d 698 (Fla. 4th DCA 1970)