Sims v. National Cas. Co.
| Decision Date | 09 February 1965 |
| Docket Number | No. 64-344,64-344 |
| Citation | 171 So.2d 399 |
| Parties | Doyle J. SIMS and Viola Sims, his wife, Appellants, v. NATIONAL CASUALTY COMPANY, Appellee. |
| Court | Florida District Court of Appeals |
Loewenstein & Dunn and Thomas A. Horkan, Jr., Miami, for appellants.
Sherouse & Corlett and William C. Merritt, Miami, for appellee.
Before BARKDULL, C. J., and CARROLL and HORTON, JJ.
This is an appeal by the plaintiffs below from a judgment denying certain recovery under an automobile insurance policy. There were involved an uninsured motorist coverage clause ($10,000), and a clause for payment of medical expenses ($500). The policy was one issued to plaintiff. This case did not involve a policy issued to the other party, the tort feasor.
The plaintiff Viola Sims was injured in a collision with another vehicle. The owner-operator of the latter was not insured. Plaintiffs' claims against the uninsured motorist were arbitrated and established in the amount of $4,100, plus certain costs. When plaintiffs' insurer requested that plaintiffs waive their claim for medical expenses, as a condition of its payment under the uninsured motorist clause, plaintiffs brought this action against their insurer in which they sought judgment for the amount owed by the uninsured motorist and for medical expenses. The company contended it was not liable to plaintiffs under the medical expense clause because medical expenses were included in the damages for which the uninsured motorist was liable to plaintiffs. The trial court agreed, and entered judgment accordingly. In so holding the trial court was in error.
The two coverages of the policy which were involved here were separate and independent. For example, if the third party tort feasor had been insured or otherwise solvent and had paid the damages (including medical expenses) owed by him to the plaintiffs, that would not have relieved the plaintiffs' insurer of its obligation to pay plaintiffs' medical expenses. The Louisiana case relied on by appellee (Gunter v. Lord, 1962, 242 La. 943, 140 So.2d 11) is factually different. In that case the insurance policy involved had been issued to the tort feasor. In addition to the usual coverage, it provided for payment (without regard to fault) of medical expenses of the insured and of others resulting from operation of the vehicle. There the insurer had paid medical expenses to the injured party, under that separate clause of the policy.
In the subsequent action brought by the injured party against the tort feasor's insurer (as permitted in Louisiana), it was held that medical...
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