Government Employees Ins. Co. v. Burak
Decision Date | 24 July 1979 |
Docket Number | Nos. 79-221,78-2412,s. 79-221 |
Citation | 373 So.2d 89 |
Parties | GOVERNMENT EMPLOYEES INSURANCE COMPANY, a foreign corporation, Appellant, v. Barry BURAK, Appellee. |
Court | Florida District Court of Appeals |
Lane, Mitchell & Harris and Byron B. Mathews, Jr., for appellant.
Stuart S. Heller and Andrew C. Pavlick, Miami, for appellee.
Before HAVERFIELD, C. J., and KEHOE and SCHWARTZ, JJ.
The uninsured motorist provisions of the appellant-GEICO's insurance policy defined "uninsured automobile" as including an automobile
"(W)ith respect to which there is a(n) . . . insurance policy applicable at the time of the accident but the company writing the same is Or becomes insolvent . . ." (emphasis supplied)
The trial court ruled that the emphasized language, which places no limitation as to the time within which the tortfeasor's insurer must become insolvent, constitutes a statutorily authorized expansion of the UM coverage required by Section 627.727(3), Florida Statutes (1973) 1 which provides:
1 This subsection has been renumbered as 627.727(4 ), Fla.Stat. (1977).
2 The trial judge also correctly held that the policy's expanded coverage on this issue was not affected by what was merely a superfluous and immaterial "Florida exception" to the UM coverage which stated:
"...
To continue reading
Request your trial-
Utah Property & Casualty Ins. etc. Assn. v. United Services Auto. Assn.
...(former § 627.0851(3) (Fla.Stat.Ann.1961), identical except for numbering to former § 627.727(3), construed in Government Emp. Ins. Co. v. Burak (Fla.App.1979) 373 So.2d 89 [see post ] ) unconstitutionally impaired freedom of contract or denied equal protection and due process of law. (250 ......
-
Fireman's Fund Ins. Co. v. LEVINE & PARTNERS, PA
...Co., 276 So.2d 6 (Fla.1973)(conflict with same insuring agreement must be resolved in favor of insured); Government Employees Ins. Co. v. Burak, 373 So.2d 89 (Fla. 3d DCA 1979)(same). Finally, the clause has no effect on the applicable statute of limitations for bringing suit on the policy ......
-
North Carolina Ins. Guar. Ass'n v. State Farm Mut. Auto. Ins. Co.
...Co., 689 S.W.2d 32 (Ky.Ct.App.1985); Thomas v. American Family Mut. Ins. Co., 485 N.W.2d 298 (Iowa 1992); Government Employees Ins. Co. v. Burak, 373 So.2d 89 (Fla.Dist.Ct.App.1979). See generally Alan I. Widiss, Uninsured and Underinsured Motorist Insurance, § 8.16, at 385 (2d ed. 1992), f......
-
Ideal Mut. Ins. Co. v. C. D. I. Const., Inc.
...v. U. S. Fidelity & Guar., 357 So.2d 253 (Fla. 3rd DCA 1978). The same rule applies to conflicting provisions. Government Emp. Ins. Co. v. Burak, 373 So.2d 89 (Fla. 3rd DCA 1979). However, where the terms are clear and unambiguous or only one logical interpretation consistent with the inten......