Government Employees Ins. Co. v. Butt, 73--1265
| Decision Date | 11 June 1974 |
| Docket Number | No. 73--1265,73--1265 |
| Citation | 296 So.2d 599 |
| Parties | GOVERNMENT EMPLOYEES INSURANCE COMPANY, a foreign corporation, Appellant, v. Merlin E. BUTT, Individually, as husband of Marilyn J. Butt, and as father, natural guardian and administrator of the Estate of Nancy Lynn Butt, a minor, Deceased, Appellees. |
| Court | Florida District Court of Appeals |
Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and Thomas E. Scott, Jr., Miami, for appellant.
Podhurst, Orseck & Parks, Miami, Bernard H. Butts, Jr., Hialeah, for appellees.
Before PEARSON, CARROLL and HAVERFIELD, JJ.
On April 28, 1972 Nancy Lynn Butt, the minor daughter of Merlin E. Butt, was fatally injured by an automobile negligently driven by Annie Mosley, owned by her husband James Mosley. Merlin Butt held an automobile liability indemnity policy, with $10,000 uninsured motorist coverage, issued by appellant Government Employees Insurance Company, herein referred to as GEICO. Mosley was insured by an automobile liability policy issued by Safeco Insurance Company, with a $10,000 limit applicable here. A wrongful death and survivor action resulted against Mosley and his insurer, representing a claim conceded to be in excess of $20,000 in value. Mosley's insurer paid the claimants the policy limit of $10,000.
Butt, individually and as administrator of the estate of the decedent, filed this action for declaratory judgment, seeking a determination of whether the claimants were entitled to recover from Butt's insurer, GEICO, uninsured motorist coverage of $10,000, in addition to receiving the $10,000 from third party tort-feasor's liability insurer. The trial court held the uninsured motorist coverage of $10,000 was recoverable from GEICO by the claimants. In that regard the judgment contained the following:
'1. Summary Final Judgment be and the same hereby is entered in favor of the plaintiff on the issue of coverage; and the Court declares that the uninsured motorist coverage under the policy issued by the defendant is available to the plaintiff and applicable to this case as excess insurance over the limits of the tort-feasor's liability insurance, to the limits of $10,000.
We hold that in so ruling the trial court was incorrect, and that the judgment must be reversed.
In effect at the time involved was § 627.0851, relating to uninsured motorist insurance coverage, as enacted by Chapter 71--88, Laws of Florida 1971. Applicable to the...
To continue reading
Request your trial
-
Dewberry v. Auto-Owners Ins. Co.
...So.2d 236 (Fla. 1st DCA 1976); State Farm Mutual Auto Ins. Co. v. Anderson, 332 So.2d 623 (Fla. 4th DCA 1976); Govt. Employees Ins. Co. v. Butt, 296 So.2d 599 (Fla. 3d DCA 1974); Sellers v. Govt. Employees Ins. Co., 214 So.2d 879 (Fla. 1st DCA 1968). We note that none of these cases express......
-
Wilbourn v. Allstate Ins. Co.
...Co., 301 So.2d 757 (La.App.1974); Lange v. State Farm Mut. Auto Ins. Co., 300 So.2d 68 (Dist.App.Fla.1974); Gov't Employees Ins. Co. v. Butt, 296 So.2d 599 (Dist.App.Fla.1974); Villarreal v. Texas Farmers Ins. Co., 510 S.W.2d 633 (Tex.Civ.App.1974); Golphin v. Home Indemnity Co., 284 So.2d ......
-
Williams v. Hartford Acc. and Indem. Co.
...Accident and Indemnity Co., No. 76-1363 (Fla. 2d DCA June 29, 1977), which directly conflicts with Government Employees Insurance Co. v. Butt, 296 So. 2d 599 (Fla. 3d DCA 1974). We have jurisdiction. Art. V, § 3(b)(3), On August 13, 1973, Mary Hall Williams was injured in an automobile acci......
-
Williams v. State Farm Mutual Automobile Insurance Co., 81-2160
...385 So.2d 762 (Fla.1980); Aetna Casualty and Surety Co. v. Ilmonen, 360 So.2d 1271 (Fla. 3d DCA 1978); Government Employees Insurance Co. v. Butt, 296 So.2d 599 (Fla. 3d DCA 1974), cert. denied, 308 So.2d 114 (Fla.1975); § 627.727(1), Fla.Stat. ...