Dickey v. Grange Mut. Cas. Co.
| Citation | 370 So.2d 1234 |
| Decision Date | 16 May 1979 |
| Docket Number | No. 78-911,78-911 |
| Parties | Margaret Ann DICKEY, Appellant, v. GRANGE MUTUAL CASUALTY COMPANY, Appellee. |
| Court | Court of Appeal of Florida (US) |
Lee S. Damsker of Gordon & Maney, Tampa, for appellant.
H. Vance Smith of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee.
Appellant Margaret Ann Dickey appeals the final judgment entered in favor of appellee Grange Mutual Casualty Company.
Dickey was injured in an automobile accident while a passenger in a vehicle operated by Frances Ballard. At the time of the accident Frances Ballard had liability insurance in the amount of $10,000. Dickey held an uninsured motorist policy issued by Grange with a limit of $20,000. Dickey determined that her injuries were in excess of Ballard's liability coverage and brought an uninsured motorist claim against Grange. Grange participated in an arbitration proceeding with Dickey. The arbitration panel filed its amended award of arbitration which provided:
AS A RESULT OF THE NEGLIGENCE OF FRANCES BALLARD IN THE OPERATION OF A MOTOR VEHICLE IN WHICH MARGARET A. DICKEY WAS A PASSENGER, MARGARET A. DICKEY, SUSTAINED TOTAL DAMAGES IN THE AMOUNT OF SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($7,500.00), IN ADDITION TO PERSONAL INJURY PROTECTION BENEFITS PREVIOUSLY PAID BY GRANGE MUTUAL CASUALTY COMPANY.
Dickey filed a motion to confirm the arbitration award. Grange filed a motion to modify or vacate the award and an objection to the motion to confirm the arbitration award. At the hearing on these motions Dickey argued that the court should enter judgment against Grange for the entire amount of the arbitration award. Grange contended that since the amount of the arbitration award did not exceed the limits of Ballard's liability insurance Grange was not liable for any amount. The trial court ordered the arbitration award be modified to provide that "no portion of this award shall be payable" by Grange. It then confirmed the award as modified. This appeal was filed timely from that order.
Appellant, relying on Arrieta v. Volkswagen Ins. Co., 343 So.2d 918 (Fla. 3d DCA 1977), argues that since she has a right to compel arbitration with her uninsured motorist carried prior to instituting an action against the tortfeasor she has a right to entry of judgment against her carrier based on the arbitration award. However, Arrieta does not provide authority for this position. The issue in Arrieta was whether the...
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Bruno v. Travelers Ins. Co., 79-1620
...that it is in excess of, and does not duplicate benefits available to the claimant from the tortfeasor. See Dickey v. Grange Mutual Casualty Co., 370 So.2d 1234 (Fla. 2d DCA 1979). It has been held we think correctly that, under this provision, Bruno would have no right to recovery from Tra......
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Cartwright v. Allstate Ins. Co., 83-612
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