Travelers Ins. Co. v. Lee, 77-1705
| Decision Date | 25 April 1978 |
| Docket Number | No. 77-1705,77-1705 |
| Citation | 358 So.2d 88 |
| Parties | The TRAVELERS INSURANCE COMPANY, a Foreign Corporation, Appellant, v. Columbus LEE and Bessie Lee, his wife, Appellees. |
| Court | Florida District Court of Appeals |
Alfred D. Bieley, Miami, for appellant.
Wolfson, Appel & Maram and Anthony J. Brown, Miami, for appellees.
Before KEHOE, J., and BOYD, JOSEPH A., Jr., and CHARLES CARROLL (Ret.), Associate Judges.
Appellant, plaintiff below, brings this interlocutory appeal from orders of the trial court dated July 19 and 22, 1977, denying its motion to enjoin arbitration proceedings. For the reasons set forth below, we reverse.
Appellee Columbus Lee purchased an automobile insurance policy from appellant. Subsequently appellee Columbus Lee, while operating an automobile insured under the policy, was involved in an automobile accident with Jimmy L. Franklin. As a result of the accident, appellee Columbus Lee sustained personal injuries and collected personal injury protection benefits from appellant. Thereafter, appellee Columbus Lee, along with his wife, alleged that Jimmy L. Franklin and his wife, Shirley Franklin, the owner of the vehicle involved, were uninsured and invoked the uninsured motorists provision of the policy with appellant. Subsequently, pursuant to the policy provisions, appellant states that it sought to obtain appellees' sworn statements and other information in regard to their claim. Apparently, these attempts were met with considerable resistance. During this time, an arbitration panel was selected; thereafter, on May 11, 1977, the panel conducted a hearing. At this hearing, appellant's request for a continuance was refused. Appellant then participated in the hearing which was not concluded, but continued to August 11, 1977. After the hearing appellant filed a complaint for declaratory relief seeking, among other things, to ascertain the question of whether appellees were covered under the policy for their claim for uninsured motorists benefits. Appellant also filed a motion to enjoin the arbitration proceedings set for August 11, 1977. From the trial court's orders denying this motion, appellant brings this interlocutory appeal.
Appellant's basic point on appeal is that the trial court erred by denying its motion to enjoin the arbitration proceedings because coverage was an issue in the matter and this question was a judicial matter which should be determined by the courts.
In Aetna Cas. & Sur. Co. v. Goldman, 346 So.2d 111, 112 (Fla.3d DCA 1977), we stated as follows:
...
To continue reading
Request your trial
-
Paradise Plaza Condominium Ass'n, Inc. v. Reinsurance Corp. of New York
...v. Cooperstock, 472 So.2d 547 (Fla. 4th DCA 1985); Kenilworth Ins. Co. v. Drake, 396 So.2d 836 (Fla. 2d DCA 1981); Travelers Ins. Co. v. Lee, 358 So.2d 88 (Fla. 3d DCA 1978); Government Employees Ins. Co. v. Mirth, 333 So.2d 545 (Fla. 3d DCA 1976); Hayston v. Allstate Ins. Co., 290 So.2d 67......
-
State Farm Fire and Cas. Co. v. Licea
... ... Third District ... Feb. 1, 1995 ... Charlton Lee Hunter and Linwood Anderson, Miami, for appellant ... Hal ... Home Ins., 137 U.S. 370, 11 S.Ct. 133, 34 L.Ed. 708 (1890) (a provision in a ... Travelers, 643 So.2d 648 (Fla.5th DCA1994) (the question of whether, under the terms ... ...
-
Travelers Ins. Co. v. Emery
...terminating the insurance contract was at issue, the same was the proper subject for declaratory judgment); Travelers Ins. Co. v. Lee, 358 So.2d 88 (Fla. 3d DCA 1978); Tavares v. Allstate Ins. Co., 342 So.2d 551 (Fla. 3d DCA 1977); Perez v. State Auto. Ins. Ass'n, 270 So.2d 377, 378 (Fla. 3......
-
United Services General Life Co. v. Bauer
...a question to be arbitrated. United States Fidelity and Guar. Co. v. Woolard, 523 So.2d 798 (Fla. 1st DCA 1988); Travelers Ins. Co. v. Lee, 358 So.2d 88 (Fla. 3d DCA 1978). Just as the arbitrators in those cases had to know the scope of coverage before arbitration could begin, the Iowa arbi......