ROBERT MUELLER, PETITIONER,

v.

DOLORES MUELLER, RESPONDENT

Citator

Cited By

• The Travelers Ins. Co. v. Warren, 678 So. 2d 324 (Fla. 1996)
  …ecover both liability and UM benefits under the same policy. As noted in Bulone: It is also important to consider that an insurance carrier has no right of subrogation against its own insured. Ray v. Earl, 277 So. 2d 73 (Fla. 2d DCA), cert. denied, 280 So. 2d 685 (Fla.1973). When USAA pays an underinsured motorist claim involving a solvent tortfeasor, it typically receives subrogation rights from its insured against the tortfeasor. See § 627.727(6), Fla. Stat. (1993). If the “un-derinsured” tortfeasor, is co…
• Sunshine Dodge, Inc. v. Ingeborg M. Ketchem and Lisa Ketchem, 445 So. 2d 395 (Fla. 5th DCA 1984)
  …268 (Fla. 5th DCA 1980). Of course, neither Sunshine nor its carrier can maintain an indemnification action against its insureds, Davis and O’Bryan’s, for any amount within the policy coverage. Ray v. Earl, 277 So. 2d 73 (Fla.2d DCA), cert. denied, 280 So. 2d 685 (Fla.1973). Based on Martin, Sunshine, even as a bailee, is liable and its carrier has primary coverage. The partial summary judgment herein did not depart from essential requirements of law and, therefore, we deny the petition for certiorari. PET…
• Bulone v. United Servs. Auto. Ass'n, 660 So. 2d 399 (Fla. 2d DCA 1995)
  …st coverage. We fail to see what strong legislative policy supports this result. It is also important to consider that an insurance carrier has no right of subrogation against its own insured. Ray v. Earl, 277 So. 2d 73 (Fla. 2d DCA), cert. denied, 280 So. 2d 685 (Fla.1973). When USAA pays an underinsured motorist claim involving a solvent tortfeasor, it typically receives subrogation rights from its insured against the tort-feasor. See § 627.727(6), Fla.Stat. (1993). If the “underinsured” tortfeasor is cons…

Authorities Cited

• Mueller v. Mueller, 275 So. 2d 585 (Fla. 3d DCA 1973)