Criterion Insurance Co. v. Amador

District Court of Appeal of Florida

Criterion Insurance Co. v. Amador

479 So. 2d 300, 10 Fla. L. Weekly 2719, 1985 Fla. App. LEXIS 17254

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 1985

DocketNo. 85-739

StatusPublished

Cited by3 cases

This text of 479 So. 2d 300 (Criterion Insurance Co. v. Amador) 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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Criterion Insurance Co. v. Amador, 479 So. 2d 300, 10 Fla. L. Weekly 2719, 1985 Fla. App. LEXIS 17254 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

Defendant appeals a final judgment striking its affirmative defense of no uninsured motorist coverage on the theory that there were joint tortfeasors, one of whom had liability coverage equal to or greater than the uninsured motorist coverage available to the appellee. The court struck this affirmative defense and entered a final judgment referring the matter to arbitration. We reverse.

The question of coverage under an insurance policy is for the trial court, even though, to determine coverage it may be necessary to ascertain a fact, to wit: the existence of a hit and run vehicle and the extent or lack thereof of insurance coverage applicable to said vehicle. Therefore it was error to refer these issues to arbitration. Bradley v. Government Employees Insurance Company, 460 So.2d 981 (Fla. 3d DCA 1984); State Farm Fire & Casualty Company v. Glass, 421 So.2d 759 (Fla. 4th DCA 1982); Vigilant Insurance Company v. Kelps, 372 So.2d 207 (Fla. 3d DCA 1979). Once a trial court assumes jurisdiction in a declaratory decree action as outlined above, it should determine all the remaining issues between the parties. Travelers Insurance Company v. Wilson, 371 So.2d 145 (Fla. 3d DCA 1979); Lumbermen’s Mutual Casualty Company v. Beaver, 355 So.2d 441 (Fla. 4th DCA 1978); Cruger v. Allstate Insurance Company, 162 So.2d 690 (Fla. 3d DCA 1964).

[301]*301The final judgment under review is reversed and the matter returned to the trial court with directions to reinstate the affirmative defense and to then determine the matter under the pleadings.

Reversed and remanded with directions.

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PER CURIAM.

Defendant appeals a final judgment striking its affirmative defense of no uninsured motorist coverage on the theory that there were joint tortfeasors, one of whom had liability coverage equal to or greater than the uninsured motorist coverage available to the appellee. The court struck this affirmative defense and entered a final judgment referring the matter to arbitration. We reverse.

The question of coverage under an insurance policy is for the trial court, even though, to determine coverage it may be necessary to ascertain a fact, to wit: the existence of a hit and run vehicle and the extent or lack thereof of insurance coverage applicable to said vehicle. Therefore it was error to refer these issues to arbitration. Bradley v. Government Employees Insurance Company, 460 So.2d 981 (Fla. 3d DCA 1984); State Farm Fire & Casualty Company v. Glass, 421 So.2d 759 (Fla. 4th DCA 1982); Vigilant Insurance Company v. Kelps, 372 So.2d 207 (Fla. 3d DCA 1979). Once a trial court assumes jurisdiction in a declaratory decree action as outlined above, it should determine all the remaining issues between the parties. Travelers Insurance Company v. Wilson, 371 So.2d 145 (Fla. 3d DCA 1979); Lumbermen’s Mutual Casualty Company v. Beaver, 355 So.2d 441 (Fla. 4th DCA 1978); Cruger v. Allstate Insurance Company, 162 So.2d 690 (Fla. 3d DCA 1964).

[301]*301The final judgment under review is reversed and the matter returned to the trial court with directions to reinstate the affirmative defense and to then determine the matter under the pleadings.

Reversed and remanded with directions.

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479 So. 2d 300, 10 Fla. L. Weekly 2719, 1985 Fla. App. LEXIS 17254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/criterion-insurance-co-v-amador-fladistctapp-1985.

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