Harris v. U.S. Fidelity & Guaranty Co., No. 77-1081

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore GOLDBERG, AINSWORTH, and HILL; PER CURIAM
Citation569 F.2d 850
PartiesVivian HARRIS, etc., Plaintiff-Appellee, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a Foreign Corp., Defendant-Appellant. Summary Calendar. *
Decision Date15 March 1978
Docket NumberNo. 77-1081

Page 850

569 F.2d 850
Vivian HARRIS, etc., Plaintiff-Appellee,
v.
UNITED STATES FIDELITY & GUARANTY COMPANY, a Foreign Corp.,
Defendant-Appellant.
No. 77-1081
Summary Calendar. *
United States Court of Appeals,
Fifth Circuit.
March 15, 1978.

Page 851

Jeanne Heyward, William J. Flynn, Miami, Fla., for defendant-appellant.

George A. Kokus, Edward A. Perse, Miami, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before GOLDBERG, AINSWORTH, and HILL, Circuit Judges.

PER CURIAM:

The Florida Insurance Code provides that certain automobile liability insurance policies issued in Florida must provide uninsured motorist coverage with limits equal to the insured's liability limits. The statute further provides that the insured may "reject" such coverage. West's F.S.A. § 627.727(1). Pursuant to its statutory authority to "make reasonable rules and regulations necessary for or as an aid to the effectuation of any provision of (the Insurance Code)," West's F.S.A. § 624.308(1), the Florida Department of Insurance issued a regulation requiring that an insured's rejection of increased uninsured motorist coverage be in writing and be maintained in the insurance company's file. Bulletin No. 586. In the case on appeal, Stanley Harris, a named insured under a policy issued by the appellant insurance company, was killed when his car collided with a stolen vehicle. His personal representative, the appellee in the case on appeal, filed a complaint for declaratory relief against the appellant insurance company. The appellee alleged that the appellant's liability to the appellee is $100,000, though the decedent's insurance policy provided for only $10,000 uninsured motorist coverage, because the decedent's insurance policy provided for $100,000 bodily injury liability coverage and the decedent never executed a written waiver of that amount of uninsured motorist coverage. The appellant insurance company admits that the appellee would be entitled to claim $100,000 coverage if the Department of Insurance regulation were valid. The appellant argues, however, that the Department of Insurance regulation is void because § 627.727(1) does not require a written rejection and, therefore, the regulation impermissibly conflicts with or modifies that statute. We affirm the district court's declaratory judgment that the regulation is valid and that the appellee is entitled to make a claim for uninsured motorist...

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17 practice notes
  • U.S. v. State of Wash., No. 81-3111
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 29, 1985
    ...all the issues in controversy, as long as it resolves a significant disputed issue. Harris v. United States Fidelity & Guaranty Co., 569 F.2d 850, 852 (5th Cir.1978); E. Borchard, supra, at 298; J. Moore, 6A Moore's Federal Practice Sec. 57.08, at 57-46 to 57-47 (1983). The Declaratory Judg......
  • Classic Performance v. Acceptance Indem., CIV.A. No. H-05-3929.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • September 13, 2006
    ...relating to insurance coverage are often resolved in an action for declaratory judgment. Harris v. United States Fidelity & Guaranty Co., 569 F.2d 850, 852 (5th Cir.1978). It is well established, however, that § 2201 is merely procedural, and that it extends only to those controversies with......
  • Allstate Ins. Co. v. Davis, No. Civ. 04-00418(ACK/BMK).
    • United States
    • U.S. District Court — District of Hawaii
    • May 1, 2006
    ...in the State Court Action, it will clarify the legal obligations between the parties. See Harris v. United States Fid. & Guar. Co., 569 F.2d 850, 852 (5th Cir.1978) (stating that a declaratory judgment need not resolve all the issues or the entire controversy, "[t]he controversy settled by ......
  • Gemini Ins. Co. v. S & J Diving, Inc., CIV.A. No. H-05-661.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • August 25, 2006
    ...to insurance coverage are often resolved in an action for declaratory judgment. See Harris v. United States Fidelity & Guaranty Co., 569 F.2d 850, 852 (5th Cir. 1978). It is well established, however, that § 2201 is merely procedural, and that it extends only to those controversies within t......
  • Request a trial to view additional results
17 cases
  • U.S. v. State of Wash., No. 81-3111
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 29, 1985
    ...all the issues in controversy, as long as it resolves a significant disputed issue. Harris v. United States Fidelity & Guaranty Co., 569 F.2d 850, 852 (5th Cir.1978); E. Borchard, supra, at 298; J. Moore, 6A Moore's Federal Practice Sec. 57.08, at 57-46 to 57-47 (1983). The Declaratory Judg......
  • Classic Performance v. Acceptance Indem., CIV.A. No. H-05-3929.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • September 13, 2006
    ...relating to insurance coverage are often resolved in an action for declaratory judgment. Harris v. United States Fidelity & Guaranty Co., 569 F.2d 850, 852 (5th Cir.1978). It is well established, however, that § 2201 is merely procedural, and that it extends only to those controversies with......
  • Allstate Ins. Co. v. Davis, No. Civ. 04-00418(ACK/BMK).
    • United States
    • U.S. District Court — District of Hawaii
    • May 1, 2006
    ...in the State Court Action, it will clarify the legal obligations between the parties. See Harris v. United States Fid. & Guar. Co., 569 F.2d 850, 852 (5th Cir.1978) (stating that a declaratory judgment need not resolve all the issues or the entire controversy, "[t]he controversy settled by ......
  • Gemini Ins. Co. v. S & J Diving, Inc., CIV.A. No. H-05-661.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • August 25, 2006
    ...to insurance coverage are often resolved in an action for declaratory judgment. See Harris v. United States Fidelity & Guaranty Co., 569 F.2d 850, 852 (5th Cir. 1978). It is well established, however, that § 2201 is merely procedural, and that it extends only to those controversies within t......
  • Request a trial to view additional results

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