State Farm Mut. Auto. Ins. Co. v. Rutkin
Decision Date | 07 June 1967 |
Docket Number | No. 36218,36218 |
Citation | 199 So.2d 705 |
Parties | STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Petitioner, v. Norman K. RUTKIN, Respondent. |
Court | Florida Supreme Court |
Edward J. Atkins and John H. Wahl, Jr., and Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for petitioner.
Eugene Tannenbaum, of Klein, Tannenbaum & McGovern, Miami, for respondent.
The decision of the District Court of Appeal, Third District in this case, reported in 195 So.2d 221, was certified to us by that court as passing upon a question of great public interest.
We agree with the opinion of the District Court and approve its decision. An agreement of an insured to arbitrate a claim with an insurer under an auto liability insurance policy containing uninsured motorist coverage necessarily contemplates application of the statute governing the extent of such coverage. That is to say, F.S. Section 627.0851, F.S.A. The District Court points out that under said Section the insured is entitled to recover under the policy all damages he or she would have been able to recover from the offending motorist if that motorist had maintained a policy of auto liability insurance. Such damages necessarily include, not only actual damages arising 'because of bodily injury, sickness or disease, including death,' but also costs reasonably incident to the proper establishment in the arbitration proceedings of such actual damages or losses as, for example, costs of the kind itemized in the footnote to the District Court opinion. F.S. Chapter 57, F.S.A., the arbitration statute, should not be read to authorize reduction of the amounts representing the actual damages or losses...
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