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

District Court of Appeal of Florida·Decided September 12, 1997·No. No. 96-04548·Published

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.

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

Pincite

698 So. 2d 1348 (Butera v. State Farm Fire & Casualty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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