GATEWAY INSURANCE COMPANY, APPELLANT,
v.
RICKEY BUTLER, APPELLEE
Explore caselaw by topic → Browse Florida Motor Vehicle No-Fault Law cases and more on FLexlaw
PER CURIAM.
The appellee Rickey Butler, while a passenger in a public conveyance, was injured when it was struck by an automobile driven by Adres Machado, insured by the appellant Gateway Insurance Company, herein referred to as the insurer. Butler filed action against the insurer for recovery of benefits as provided for in § 627.736(1) Fla.Stat., F.S.A. The insurer contended against coverage because the claimant’s father, in whose household he resided, owned an automobile not insured. The trial court granted summary judgment in favor of the plaintiff on liability, and the insurer appealed. The trial court ruled correctly. We do not find in the statute (§ 627.730 et seq., Fla.Stat., F.S.A.) provision or expressed intent that the insurer should be relieved of liability to the claimant in that circumstance.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
State Farm Mut. Auto. Ins. Co. v. Butler, 340 So. 2d 1185 (Fla. 4th DCA 1976)…ired, may recover from the other’s insurer unless the passenger himself owns a motor vehicle for which security is required or is entitled to personal injury protection benefits from the owner of yet another such vehicle. Gateway Ins. Co. v. Butler, 293 So. 2d 738 (Fla.3d DCA 1974). The major premise of these decisions is that such a passenger is “not an occupant of a motor vehicle,” within the meaning of subparagraph (d)4, notwithstanding that the bus or taxi or commercial vehicle looks for all the world li…
-
Commercial Union Ins. Co. v. Williams, 309 So. 2d 617 (Fla. 1st DCA 1975)…t Commercial Union Insurance Company, a corporation, the sum of $3,112.75, plus attorney’s fees in the sum of $750.00, plus costs in the sum of $23.50, for which let execution issue.” In accord are Gateway Insurance Co. v. Butler, Fla.App.3rd 1974, 293 So. 2d 738 and Farley v. Gateway Insurance Company, Fla.App.2nd 1974, 302 So. 2d 177. Appellee has filed a timely motion for attorney’s fees incident to this appeal. The trial court being in a better position than are we to take testimony and evidence as may…
-
Protective Nat'l Ins. Co. of Omaha v. Bienvenido Bergouignan and Marta Bergouignan, 335 So. 2d 871 (Fla. 3d DCA 1976)…he correctness of the trial judge’s holding as to Marta Bergouignan but maintains that Bienvenido is barred pursuant to Pla.Stat. § 627.736. The trial judge was correct as to Marta Bergouignan. See Gateway Insurance Company v. Butler, Fla. App.1974, 293 So. 2d 738. As to Bienvenido Bergouignan, the statute clearly excludes him as the owner of an uninsured motor vehicle. Affirmed in part, reversed in part and remanded.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence