State Farm Mut. Auto. Ins. Co. v. Kuhn, 79-279
| Decision Date | 21 August 1979 |
| Docket Number | No. 79-279,79-279 |
| Parties | STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Robert H. KUHN and Rebecca W. Kuhn, his wife, Appellees. |
| Court | Florida District Court of Appeals |
Walton, Lantaff, Schroeder & Carson and George W. Chesrow, Miami, for appellant.
Post & Gordon, Greene & Cooper and Marc Cooper, Miami, for appellees.
Before HAVERFIELD, C. J., and KEHOE and SCHWARTZ, JJ.
In this declaratory judgment action defendant insurer appeals a partial summary judgment determining that plaintiff insured is entitled to uninsured motorist benefits.
Appellant, State Farm Mutual Automobile Insurance Company, had issued to the appellee, Robert H. Kuhn, two separate liability insurance policies, one for his motorcycle and the other for his pickup truck. The truck policy provided uninsured motorist coverage. Kuhn had rejected in writing such coverage for his motorcycle. While riding his motorcycle, Kuhn sustained injuries when an automobile owned and operated by Dana Tucker struck the motorcycle. Tucker had no liability insurance and Kuhn made demand upon State Farm for the uninsured motorist benefits under the truck policy. State Farm denied coverage and Kuhn filed the instant suit for declaratory relief. Subsequently both parties moved for summary judgment, which after hearing was entered in favor of Kuhn. From the judgment finding that Kuhn is entitled to uninsured motorist benefits, State Farm perfected this appeal.
The dispositive question presented for our determination is whether Kuhn is precluded by Section 627.4132, Florida Statutes (1977), below, from recovery of the uninsured motorist benefits provided in the truck policy.
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