MICHAEL WELLS, APPELLANT,
v.
AETNA INSURANCE COMPANY ET AL., APPELLEES

Fla. 2d DCA | 1976-05-21
No. 75-1030
McNULTY, C. J., and GRIMES, J., concur.
332 So. 2d 630 Florida District Court of Appeal, Second District (1976)

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Synopsis

Michael Wells sought to join his insurance carrier, Aetna, as a defendant in a negligence suit against an insured motorist, arguing that his injuries from two successive accidents could not be readily apportioned. The court affirmed the trial court's dismissal, holding that Wells was bound by the arbitration provision in his uninsured motorist policy and could not bypass arbitration by joining Aetna in a law action.


Holding

The court held that Wells was bound by the arbitration provision in his policy with Aetna and that Aetna could not be joined in the law action. The policyholder's contractual rights against his uninsured motorist carrier must be determined through arbitration as specified in the policy, not through joinder in a tort action.


Headnotes

[1] An uninsured motorist carrier must afford its policyholder the same level of protection as if the uninsured motorist had purchased liability coverage.

[2] Arbitration is the specified method to determine both liability and damages in uninsured motorist claims.

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Key Quotes

“an uninsured motorist's carrier must afford its policyholder the same level of protection as if the uninsured motorist had himself purchased liability coverage. In effect, the principles of law appropriate to determination of liability and damages apply; however, arbitration is specified as the method to determine both liability and damages.”

Establishes the standard of protection but confirms arbitration as the required procedure

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Facts & Procedural History

Michael Wells was injured in two successive automobile accidents: first by an insured motorist (Martin Oliva) on June 5, 1973, and second by an uninsu…

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Opinion of the Court
SCHEB, Judge.

SCHEB, Judge.

Appellant/plaintiff, Michael Wells, was injured in successive automobile accidents; first by an insured motorist and subsequently by an uninsured motorist. It is difficult to apportion Wells’ injuries between the two accidents and affix liability between the two tortfeasors. Wells carries uninsured motorist coverage with the appellee/defendant, Aetna Insurance Co. The issue on this appeal is whether Wells can join Aetna in the law action against the insured motorist.

Plaintiff Wells filed a negligence suit against Oliva Tobacco Company, owner; its insurer; and Martin E. Oliva, as driver of the automobile which struck Wells’ vehicle on or about June 5, 1973. Wells joined as a defendant Aetna Insurance Company under his uninsured motorist coverage, contending that he was struck by Botsbord, an uninsured motorist on August 5, 1973.

The trial court held the plaintiff to be bound by the arbitration provision of his policy with Aetna and granted Aetna’s motion for dismissal.1 We affirm.

We are in accord with the principle announced in Mullis v. State Farm Mutual Automobile Insurance Co., Fla.1971, 252 So. 2d 229, that an uninsured motorist’s carrier must afford its policyholder the same level of protection as if the uninsured motorist had himself purchased liability coverage. In effect, the principles of law appropriate to determination of liability and damages apply; however, arbitration is specified as the method to determine both liability and damages.

Plaintiff Wells cites Lawrence v. Hethcox, Fla. 1973, 283 So. 2d 41, for the proposition that joinder should be permitted where successive accidents are caused by separate acts of negligent tortfeasors resulting in injuries not readily separable or susceptible to being apportioned. In Lawrence each of the two separate causes of action sounded in tort. Here, the original cause of action sounded in tort, while in the latter cause of action Wells sought to enforce contractual rights against Aetna. Admittedly, those rights will be determined on the basis of applicable tort law, but to require a carrier furnishing uninsured motorist coverage to be joined in a law action ignores the requirement of arbitration as contemplated by the policy and the Florida Statutes. See Ch. 682, Florida Statutes; Ebens v. State Farm Mutual Automobile Insurance Co., Fla.App.3d 1973, 278 So. 2d 674; Sun Insurance Office v. Phillips, Fla.App.2d 1970, 230 So. 2d 17.

Wells may sue Botsford, the uninsured motorist. Presumably, as held in Lawrence, he could join Botsford as a defendant in his suit against Oliva and its insurer. He has not elected to do this. Rather, he is seeking here to recover against his own carrier, Aetna, on basis of his contractual coverage. Absent any waiver or estoppel, Aetna has the right to have its liability determined by arbitration as it contracted to do. And, while Wells contends he is deprived of rights he would have had if his injuries resulted from two insured motorists, we simply say that Wells contracted with Aetna to treat his claim involving an uninsured motorist differently from the traditional method of litigating a tort claim. He is bound by that contract.

Affirmed.

McNULTY, C. J., and GRIMES, J., concur. . While we have not been furnished a copy of the relevant arbitration provision in Wells’ policy, counsel for the parties are in accord that it establishes the arbitration procedures which are standard in uninsured motorist coverage.


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