Butera v. State Farm Fire & Casualty Co.

District Court of Appeal of Florida

Butera v. State Farm Fire & Casualty Co.

698 So. 2d 1348, 1997 Fla. App. LEXIS 10444, 1997 WL 564428

CourtDistrict Court of Appeal of Florida

DecidedSeptember 12, 1997

DocketNo. 96-04548

StatusPublished

This text of 698 So. 2d 1348 (Butera v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Butera v. State Farm Fire & Casualty Co., 698 So. 2d 1348, 1997 Fla. App. LEXIS 10444, 1997 WL 564428 (Fla. Ct. App. 1997).

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Opinion

QUINCE, Judge.

Donald V. Butera challenges the trial court’s order granting summary judgment in an action to declare rights under an uninsured motorist policy. We affirm the order under review because the trial court correctly found that Butera was free to accept the offer made by the third-party tortfeasor’s liability carrier once State Farm denied permission to settle. We question, however, the trial court’s finding that the supreme court’s decision in Hassen v. State Farm Mutual Auto. Ins. Co., 674 So.2d 106 (Fla.1996) did not overrule our opinion in State Farm Mutual Auto. Ins. Co. v. Hassen, 650 So.2d 128 (Fla. 2d DCA 1995).

PARKER, C.J., and WHATLEY, J., concur.

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QUINCE, Judge.

Donald V. Butera challenges the trial court’s order granting summary judgment in an action to declare rights under an uninsured motorist policy. We affirm the order under review because the trial court correctly found that Butera was free to accept the offer made by the third-party tortfeasor’s liability carrier once State Farm denied permission to settle. We question, however, the trial court’s finding that the supreme court’s decision in Hassen v. State Farm Mutual Auto. Ins. Co., 674 So.2d 106 (Fla.1996) did not overrule our opinion in State Farm Mutual Auto. Ins. Co. v. Hassen, 650 So.2d 128 (Fla. 2d DCA 1995).

PARKER, C.J., and WHATLEY, J., concur.

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Bluebook (online)

698 So. 2d 1348, 1997 Fla. App. LEXIS 10444, 1997 WL 564428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butera-v-state-farm-fire-casualty-co-fladistctapp-1997.

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